GANGA BISHUN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners-Ganga Bishun Sah and others have filed this revision against the order, dated 4-9-1985 passed by the learned Sessions Judge, Madhubani, in Sessions Trial No. 86 of 1980, by which he has refused the prayer of the Public Prosecutor to withdraw the case under Section 321 of the Code of Criminal Procedure.

(2.) A first information report dated 13-9-1974 in P. S. Case No. 4 was lodged saying that in the night between 12th/13th September, 1974 when the informant Anantlal Sah was sleeping in his room with his wife Gauri Devi, the accused entered in his room and out of whom Ganga Bishun Sah poured acid on his body which caused injuries on the person of Gauri Devi as well. The informant was in great agony on account of throwing of the said acid and came out of the room. This occurrence was seen by his wife and his neighbour Ramphal Mahto, Kishan Lal Sah son of the informant when picked up the informant has come in contact with him and he also received injuries. The informant was thereafter taken to the police station where his fardbeyan was recorded which formed the basis of the first information report. Later on the victim-informant succumbed to the injuries. The police after investigation submitted charge-sheet and thereafter the case was committed to the Court of Session for trial being Session Trial No. 86 of 1980.

(3.) It is said that during the course of police investigation an enquiry was made by the C.I.D. There was a proposal for withdrawal of the case and lodging of first information report against Saied Mian and others, A first information had been lodged. It is also said that Gauri Devi, Bishunlal Sah and Ramphal Mahto had also sworn affidavits to the effect that the accused were innocent and have been falsely implicated.