SURESH SINGH ALIAS HARAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three petitioners who are F.I.R. named accused of Piro (Hassan Bazar) P.S. Case No. 148 of 2002 giving rise to Sessions Trial No. 100 of 2004 are aggrieved by the order dated 12.7.2007 passed by the learned Presiding Judge, Fast Track Court No. III, Bhojpur at Ara, whereby he has summoned the petitioners who had not been sent up to face trial along with others in exercise of powers conferred under Section 319 Cr.P.C.

(2.) BRIEFLY stated, the prosecution case as available in the fardbeyan of the informant, Baleshwar Singh, O.P. No. 2 herein, inter alia is that he had gone to sleep at about 9.30 P.M. in the night of 30.8.2002 in the room situated at the east of the Dalan after taking his meal and at about 10 P.M. he was suddenly awakened by the barking of the dogs who had observed the movement of some persons near the eastern door of the Dalan. The informant is said to have flashed his torch in the light whereof he identified accused Surendra Sah and Suresh Singh alias Harami standing armed with pistol. According to the informant when he wanted to say something they fired at Sriniwas Singh, the son of the informant who was sleeping and who sustained injuries and started writhing with pain on his Chowki. It is further alleged that in the mean time accused Vidya Sagar Sah standing on the Verandah exhorted that they should not be left alive. It has also been alleged that both the accused fled outside the Dalan after shooting Sriniwas Singh whereafter the informant came out and identified in the light of the torch accused Nilu Sah, Saroj Sah, Ramesh Singh and Dinesh Singh while fleeing towards east and all of them were armed with pistol. It is said that on hearing sound of gun fire, Sanotsh Kumar, Pappu Kumar, the daughter -in -law and eldest grand daughter along with several villagers arrived who are said to have seen the assassins fleeing away and would dislose the factual matrix of the occurrence on being asked. The motive behind the occurrence is said to be the dispute over Gali and previous Panchayat Elections.

(3.) IT further appears that in course of the trial of the aforesaid four persons, three witnesses, Pappu Kumar (P.W.1), Uttam Devi (P.W.2) and the informant Baleshwar Singh (P.W.3) were examined as prosecution witnesses and they in course of their deposition divulged the names of these three petitioners as having participated in the occurrence. Following this the prosecution on 29.5.2007 filed a petition for summoning these petitioners as accused under Section 319 Cr.P.C. on the ground that during the course of the trial the petitioners' participation for offence under Sections 302/34 I.P.C. and 27 Arms Act had been established and the same was allowed by the impugned order.