GIRDHARI AHIR Vs. EMPEROR

JUDGEMENT

(1.) This is a petition for stay of proceedings under Section 110 which is pending against the petitioners before Mr. S.P. Sahi, Magistrate First Class Muzaffarpur, by whom they have been committed to the Sessions Court under Section 302 also. I am asked to stay the proceedings in the bad livelihood case on the ground of probable prejudice to the petitioners in the murder case if the bad livelihood case proceeds. But only four petitioners are to be tried under Section 302.

(2.) In the next place, the bad livelihood proceedings have been pending for an unconscionable time, namely since June last, and this appears mainly due to the fault of the petitioners themselves because against many of them warrants and proclamation and attachment orders had to issue in order to secure their attendance; and according to the Crown the murder in question has taken place because the murdered persons were witnesses in this bad livelihood case.

(3.) Had the bad livelihood case been disposed of without any delay, probably no murder would have taken place and the fact that both trials have now to go on together is prima facie the fault of the petitioners.