JAGDISH PRASAD MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 21.11.1998 passed by the Third Additional Sessions Judge, Purnea, in Session Trial No. 377 of 1997 by which he directed for issuance of processes against the petitioners under Section 319 of the Code of Criminal Procedure (For short 'the Code') in connection with Kasba P.S. Case No. 147 of 1996.

(2.) The prosecution story, in short, is that on 22.6.1996 at 10 a.m. Jhagru Biswas came at the residence of the informant and asked Basho Rishi to come in Gad Beheli Bazar and on hearing this Basho Rishi left this residence and when on the same night, he did not return then the informant stayed there. Thereafter, on the next day evening, he asked Jhagru Biswas whereabout of his brother and Jhagru Biswas informed him that they stated in the house of Janardan Biswas. On enquiry from Janardan Biswas, Janardan Biswas informed him that Jhagru Biswas and Basho Rishi came to their residence and after taking meal, they left away. In village Panchaiti Jhagru Biswas admitted that he and Basho Biswas went to Bazar. On 20.6.1996 near Samariya Mauji Nahar, the dead -body of Basho Rishi was found. He was killed by sharp weapon on pressing of neck. The police after investigation submitted charge -sheet only against Jhagru Biswas and Bidyanand Biswas and the police has not sent up the petitioner. The Court below accordingly took cognizance against Jhagru Biswas and Bidyanand Biswas under Section 302/201/34 of the Indian Penal Code and charge has been framed against them.

(3.) It appears that after commitment of the case, four witnesses were examined on behalf of the prosecution. The prosecution thereafter filed a petition before the learned Sessions Judge on 20.8.1998 under Section 319 of the Code to issue summonses against the petitioners. That application was heard and the learned Sessions Court after considering the evidence of four witnesses found that the evidence suggests involvement of the petitioners in the commission of the crime. Accordingly, the learned Sessions Judge passed the impugned order for issuance of processes against the petitioners.