SABIR HUSSAIN ALIAS MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure for quashing the order dated 19.2.2002 passed by 5th Addl. Sessions Judge, Arrah in S.Tr. No. 354/98 by which he has allowed the prayer of the prosecution to add charge under section 302 I.P.C. against the accused petitioner Sabir Mian. Heard.

(2.) IT appears that both the petitioners are accused in S.Tr. No. 354/98 pending in the court of 5th Addl. Sessions Judge and the allegation against the petitioner Sabir Mian is that he fired causing firearm injury on the back bone of the injured Satya Narain Singh. It also appears that during the course of trial, the injured died and hence a petition was filed on behalf of the prosecution for adding Section 302 I.P.C. against the petitioner Sabir Mian. The learned Addl. Sessions Judge heard both the sides and found from the materials available on record including the evidence of the injured (deceased), who had become invalid on account of injury, that after the occurrence the deceased underwent treatment at several places including P.M.C.H., Patna, AIIMS, New Delhi and while undergoing treatment he died on 25.9.2000. He also found from the post mortem report that the deceased died on account of chronic ailment. He accordingly by the impugned order allowed the prayer of the prosecution.