BRIJNANDAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing of Sessions Trial No. 341 of 1980, arising out of Kotwali P. S. Case No. 110, dated 18. -9 -1974, registered under Sections 307/326/114 of the Indian Penal Code and also Section 25 of the Arms Act.

(2.) IT appears on 18th September, 1974 at about 8.30 p. m. while the informant was at his shop, some altercation took place. It is alleged that on account of firing by the petitioner, one Ghashi Ram sustained injury on his cheek. On account of such occurrence, there was some Hulla and the petitioner was caught hold at the place of occurrence by the persons of the locality.

(3.) THE defence of the petitioner is that he has been falsely implicated and the offence as alleged, was committed by one Prem Kumar Singh, who according to him, also accepted his guilt before the police. However, no charge -sheet was submitted against him by the police.