SHASHI BHUSHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri S.N.P. Sinha, Senior Advocate, the learned counsel for the petitioners as also Sri Jharkhandi Upadhyay, the learned A.P.P. for the State. Although notice in the admission matter was validly served on Opposite Party No. 2, the informant, he has chosen not to appear and contest the application.

(2.) THE petitioners are aggrieved by and seek the quashing of order dated 21.8.2006 passed by the learned Presiding Judge, Fast Track Court No. I, Sheohar at Sitamarhi in Sessions Trial No. 868 of 2005 (arising out of Tariyani P.S. Case No. 88 of 2002) whereby the petition filed by the prosecution for summoning the petitioners herein u/s. 319 of the Code of Criminal Procedure to face trial has been allowed. It appears that one Upendra Singh gave his statement before the Tariyani Police at about 8.15 P.M. on 5.8.2002 in respect of an occurrence which took place earlier at about 4 P.M. It was alleged that at the relevant time while the informant was coming from village Kalso and had reached at Kalso Dhala, he saw a scuffle going on between his cousin, Ram Shrestha Singh and his son Amod Kumar Singh on the one hand and co -villager, Mahadeo Kunwar on the other. In the meantime the 9 F.I.R. accused (other than the petitioners herein) arrived and started assaulting Ram Shrestha Singh and his son and also started dragging them towards the house of Mahadeo Kunwar in order to kill them. The informant is said to have made attempts to intervene but Sukhan Rai fired from his Nalkatta which hit Mahadeo Kunwar. It is alleged that thereafter the accused persons dragged Ram Shrestha Singh and his cousin into the house and locking them therein again started assaulting them and the hue and cry raised by the two assaultees could be heard and after a short while silence descended. It was suspected that both had been killed.

(3.) ON the basis of the aforesaid Fardbeyan Tariyani P.S. Case No. 88 of 2002 was registered against the 9 persons named in the fardbeyan under Ss. 302/34 of the Indian Penal Code.