RADHEY SHYAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the code of Criminal Procedure for quashing the order dated 3.10.8001 passed in S.Tr. No. 346/2000 whereunder the Sessions Judge, Siwan has held that no offence under Section 307 I.P.C. is made out on the basis of fee allegations and has framed charges under Sections 323/34 and 524/34 of the Indian Penal Code against the accused persons, i.e. O.P. Nos. 2 to 5, and has transferred the case under Section 228(1)(a) of the Code of Criminal Procedure to the court of Chief Judicial Magistrate, Siwan for trial.

(2.) Heard both the sides.

(3.) The prosecution case in brief is that the informant Radhe Shyam Prasad alongwith Santosh Kumar, Sri Ram Gupta and others was going to play Roll to the house of one Sri Ram Prasad. When they reached near the house of Hari Prakash Gupta @ Hari Jee (O.P.No.2), the servant of Hari Jee was sweaping the ground, some mud fell on the informant and his companion. The informant protested and then proceeded ahead. After half an hour when they were returning, all the accused persons, near the house of Hariji surrounded the informant and his companion and Hariji assaulted Santosh Prasad with iron rod on head, O.P. No. 4 Satrughan Prasad gave a farsa blow on the right shoulder of Sri Ram Gupta. The villagers intervened and the informant and his companion returned to their houses and then went to a canal for bath. After taking bath on their way back when they reached near the shop of Hariji, O.P. No. 4 Satrughan Prasad Informed his father Hari Prasad Gupta and O.P. Hari Prasad Gupta threw acid from a bottle on the informant and his companion causing injuries on the chick and other parts of the body of the informant. Sri Ram Gupta also received burn Injury on his legs. The informant a lodged the F.I.R. and the police after completing investigation submitted charge sheet under Sections 324, 386, 307/34 of the Indian Penal Code. The learned Chief Judicial Magistrate also took cognizance against the O.Ps. for fee above offences and committed the case to the court of Sessions.