VINOD DEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 30.11.2018, passed in Sessions Trial No. 205/2010, arising out of Rosera P.S. Case No.173/2008, by which the learned A.D.J., Rosera, allowed the application under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr. P.C.') made by the prosecution and has summoned the petitioner besides another namely, Hari Om Lal, to face the trial together with the accused.

(2.) The brief facts of this case are that on the basis of the fardbeyan of the informant named Phoolkant Chaudhary recorded by the S.H.O. of Resera Police Station, the FIR bearing Rosera P.S. Case No.173/2008 came to be instituted for the offences under Sections 302/34, 120(B) of the Indian Penal Code and 27 of the Arms Act, against 13 named accused persons including this petitioner besides 03 unknown miscreants. In the fardbeyan, the informant has inter alia alleged that his son (now deceased) namely, Vikash Ranjan, was a Press-Reporter in a Daily Newspaper 'Hindustan'. On 25.11.2018, the relevant date of occurrence, around 5.45 PM, he saw two unknown miscreants firing indiscriminately upon his son, whereupon, the informant ran towards the place of occurrence and saw the miscreants fleeing away from the place of occurrence on a Motorcycle, which was being driven by another miscreant. It is further alleged that in the meanwhile, nearby people assembled there and the informant with their help brought his son to the hospital for treatment, where the doctor found his son dead. The informant in his fardbeyan named as many as 09 persons with whom civil dispute in respect of property and criminal prosecution were pending. The informant further alleged that they had earlier threatened the informant and his son as to face the dire consequences.

(3.) Apart from, the above mentioned motive attributed behind the alleged murder and the suspicion raised against as many as 09 persons about their involvement in the alleged murder, the informant has also suspected about the involvement of this petitioner and another Hari Om Lal for hatching up a conspiracy in the alleged murder imputing a different motive.