JAVED AKHTAR AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners being aggrieved by and dissatisfied with the order of the 1 Additional Sessions Judge, Gaya dated 1.5.2008 whereby the petition filed on behalf of the accused petitioners for issuing Dusti Summons to the Investigating Officer of the case, Sub -Inspector, Triloki Mandal has been rejected.

(2.) A Criminal case being Civil Lines P.S. Case No. 114 of 2005 was instituted under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code. The trial of the case was bifurcated and two sets of accused persons are facing Trial No. 11 of 2007 and 12 of 2007. The petitioners who are the accused in the aforesaid case had raised a defence that they were not present at the place of occurrence when the occurrence took place and they were at Bhagalpur at the time of occurrence thus raising a plea of alibi.

(3.) DURING the trial, the petitioners had filed an application before the Ist Additional Sessions Judge, Gaya praying therein that Dasti Summons may be issued to them so that those witnesses who were examined under Section 161 of the Code of Criminal Procedure by the Investigating Officer Triloki Mandal may be examined as defence witness. As a result of the issuance of Dasti Summon the defence witnesses were in fact examined who have said to have deposed that the petitioners were present at Bhagalpur on the date on which the occurrence took place. It has also been stated that amongst the defence witnesses there were some government employees who have supported defence of the petitioners. It has been alleged that the prosecution has deliberately withheld Triloki Mandal and have not summoned him to be examined as a prosecution witness in order to suppress the real facts so far as the petitioners are concerned.