BHAGWAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the counsel appearing for the State.

(2.) THIS application has been filed by the petitioner for quashing the order dated 17.8.2004, passed in Sessions Trial No. 302/2000 whereby the petitioner has been summoned u/s 319 of the Cr.P.C.

(3.) DURING investigation, the wife of the deceased was examined and she stated that she came to know about the murder of deceased subsequently. Other witnesses were examined but nothing has been said by them against the petitioner. The informant did not file any protest petition against investigation and charge -sheet was submitted against the named accused only and the petitioner was not sent up for trial. Finally, the case was committed to the court of sessions for trial. During trial, four witnesses were examined. witnesses in their evidence have simply stated that the deceased had earlier disclosed that he had threat to his life at the instance of Bhgawat Prasad (petitioner). Simply suspicion was raised by the witnesses, though they did not alleged any specific overt act against the petitioner. On the basis of such evidence, a petition was filed u/s 319 Cr. P.C. for summoning the petitioner to face trial. The trial court by the impugned order has summoned the petitioner for trial.