VYAS PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 28.2.2002 passed by the Second Fast Track Court, Siwan, in Sessions Trial No. 124 of 1999 by which petitioners application for discharge has been rejected and order for framing of charge has been passed.

(2.) BRIEF fact of the case is that a cow and a bullock of petitioners Vyas Pandey and Surendra Yadav were stolen. On alarm village people gathered and went on in search of the cattle -thieves. Two of the thieves of the stolen cattle were caught and assaulted by villagers of Chhata, Mahual and Badaram. Ultimately they succumbed to their injuries. After the cognizance the case was fixed for hearing. At that stage a petition under Section 227 of the Code of Criminal Procedure was submitted on behalf of the petitioners praying therein to discharge as no offence under Section 304 of the Indian Penal Code was made out. After hearing the parties, prayer was refused. Legality, correctness and propriety of which are only in question for filing revision petition.

(3.) I am also of the opinion that non -action in the above circumstances when two chowkidars also could not succeed to prevent can never be taken for accusation for the offence even under Section 304 of the Indian Penal Code.