RAM AWATAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>M.Y.EQBAL, J.</DJG> 1. This application under Section 482 of the Code of Criminal Procedure has been filed praying for issuance of an appropriate direction to the 3rd Additional Sessions Judge, Arrah, to frame charge under Section 307 of the Indian Penal Code against the accused persons in Sessions Trial No. 362 of 1997 as the cognizance under Section 307 of the Indian Penal Code besides other sections was taken by the Chief Judicial Magistrate, Arrah, on 23.9.1996 in Arrah Mofassil P.S. Case No. 41 of 1996 and the case was committed to the Court of Sessions.

(2.) It appears that on the basis offardbeyan given by the petitioner on 4.4.1996 a case was registered against the accused persons on the allegation that on 4.4.1996 when the petitioner reached home after lodging case and getting himself treated with Sita Ram Singh, then Latua Singh and Krishna Singh assaulted them again and Binda Singh abated to kill all. It is also alleged that accused persons started assaulting Sita Ram when his head was injured. Several other allegations have been made. The case was investigated by the police and thereafter, charge -sheet was submitted under Sections 147, 148, 448, 323, 307 and 304 of the Indian Penal Code against the accused persons. The Chief Judicial Magistrate took cognizance of the offence punishable under the aforesaid Sections on 23.9.1996 and the case was committed to the Court of Sessions. The accused persons then filed a petition in the Sessions Court in the aforementioned Session Trial No. 362 of 1997 under Section 228 of the Code of Criminal Procedure stating that no case under Sections 307 and 304 of the Indian Penal Code is made out against the accused persons so the case may be remitted back to the Court of the Chief Judicial Magistrate. The said prayer was opposed by the petitioner -informant by filing objection. The learned Sessions Judge after hearing the parties and considering the materials on record passed an order on 31.3. 1998 holding that the case under Sections 307 and 304 of the Indian Penal Code has been made out. The petitioner's case is that despite the aforesaid order surprisingly the trial Court vide order dated 12.5.1998 did not frame charge under Section 307 of the Indian Penal Code against the accused persons, which amounts to review of its own order dated 31.3.1998 and as such the order dated 12.5.1998 passed by the learned Addl. Sessions Judge is illegal, improper and unjust.

(3.) I have heard Mr. Pramod Mishra, learned Counsel appearing on behalf of the petitioner, Mr. Rana Pratap Singh, learned Senior Counsel appearing on behalf of the opposite party Nos. 2 to 4 and learned Addl. Public Prosecutor appearing for the State.