SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This revision is directed against the order dated 7th June, 1990 of the 1st Assistant Sessions Judge, Muzaffarpur discharging the opposite party No. 2, Gobardhan Paswan, in S.Tr. No. 53 of 1987.

(2.) It appears that the applicant lodged a F.I.R. at P.S. Baruraj on 6th June, 1984 against the opposite party No. 2 and eight other co-accused, under Sections 147, 148, 307, 323, 324 and 380, I.P.C. The police investigated the matter and submitted charge-sheet only against two persons, on the basis of which they were tried by the Sessions Judge, Muzaffarpur. After recording the statement of the applicant and P.W. Ambika Singh the Sessions Judge summoned opposite party No. 2 under Section 319, Cr. P.C. on 31st May, 1989. The opposite party No. 2 filed Cr. Misc. No. 10216 of 1989 in this Court which was dismissed on 28-9-1989. Thereafter the O.P. No. 1 moved an application before the Court below stating that in view of the fact that the case against him was closed by the Court Martial due to nonavailability of evidence, his trial was barred by Section 300, Cr. PC. The court below accepting the plea of opposite party No. 2 discharged him on 7- 6- 1990. Feeling aggrieved the applicant has filed this revision.

(3.) Heard the learned Counsel for the applicant and perused the record. None has appeared on behalf of the opposite party No. 2 despite service.