MOJAHIR GADDI @ MOZAHIR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amrendra Nath Verma, learned counsel appearing for the petitioner and Mr.Akhilesh Kumar Sinha, learned counsel appearing for the State.

(2.) The petitioner is one of the accused in connection with Bairiya P.S.Case No.202 of 2013 wherein the learned Chief Judicial Magistrate, Bettiah, Wast Champaran differed with the police report filed under Section 173 Cr.P.C. and took cognizance against the petitioner also for offences under Sections 341,323,324,307,504,379 and 302/34 I.P.C. It is worth to mention that the petitioner was not sent up for trial after investigation of the case, however, considering the material in the case diary, the learned Magistrate has differed with the police report.

(3.) According to FIR, for land disputes, the FIR named accused person including the petitioner variously armed came to the house of the informant and committed assault. There is specific allegation against the petitioner that he caused injury with Farsa at the head of Amin Gaddi, as a result whereof, Amin Gaddi died during course of treatment. The eyewitnesses of the occurrence including the wife of the deceased had supported the allegation that the petitioner had caused injury at the head of the deceased in their presence. Therefore, there was apparent material before the Magistrate to differ with the police report.