LAWS(PAT)-2006-5-49

RADHA MOHAN GOND Vs. STATE OF BIHAR

Decided On May 03, 2006
RADHA MOHAN GOND Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the opposite party No. 2. The petitioners have been summoned by order dated 23/8/2002 to face trial under Section 364 of the Penal Code in excise of powers under Section 319, Cr. P.C. (hereinafter referred to as the "Code") based on the deposition of P.W. 8. the victim himself who has named them.

(2.) The FIR was originally lodged against unknown by the wife of the victim when he was abducted. Charge-sheet came to be submitted against some accused. During trial P.W. 8, the victim himself, deposed naming the present petitioners as having handed over arms to the abductors after they held P.W. 8 as hostage in the field and then proceeded onwards as narrated in detail in the deposition of P.W. 8.

(3.) Learned counsel for the petitioners assailed the order summoning them on the ground that the Court below had no Jurisdiction to separate the trial of the petitioners from other accused who were already feeing trial. The petitioners had necessarily to be tried along with the other accused. The impugned order requiring them to be tried separately was therefore clearly illegal inasmuch as it separated the trial of the six old accused with the intention to expedite them. In any event, there was no allegation of kidnapping against the petitioners. Several prosecution witnesses had turned hostile.