TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, for the State and for Opposite Party No. 2.

(2.) MASHRAKH P.S. ' Case No. 9 of 1996 came to be lodged on 11.1.1996 under Sections 307 and 364 of the Penal Code, Section 27 of the Arms Act, to which Sections 302 and 201 of the Penal Code was added later when the injured was deceased. The F.I.R. alleges that 7 -8 motorcycles with two persons on each, came armed with rifles and guns. The petitioner was one of them. He ordered firing, after alighting from the motorcycle. Named coaccused Rustam Khan fired, Devnath Rai and Munna Singh loaded the injured on the motorcycle and took him away. The F.I.R. states that the informant was an eye witness to the occurrence.

(3.) THE Police submitted charge -sheet on 28.4.1996 against the named co -accused Munna Singh only while the investigation was kept pending against other co -accused. The Magistrate took cognizance on 10.5.1996 against the charge -sheeted accused as also the petitioner, co -accused Dev Nath Rai and Rustam Khan also. The petitioner appealed the order of cognizance in Cr. Misc. No. 6124 of 1998 which was dismissed on 1.2.2007. The Special Leave Petition against the order of this Court was also dismissed on 21.9.2007 at Annexure -B to the counter affidavit. In pursuance of the order of cognizance, summons has been issued against the petitioner on 23.3.2007 presently assailed.