D.K.SINHA, J. - (1.) PETITIONERS have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the order dated 10.7.2007, passed by the learned Additional Sessions Judge, FTC. -II, Daltonganj in ST. No. 192A/2006, by which summons was directed to be issued against the petitioners under Section 319 of the Code of Criminal Procedure for facing the trial. The petitioners further requested for the quashment of their criminal proceedings in S.T. No. 192A/2006.
(2.) PROSECUTION story in short was that the informant -Rajendra Bhuian in his written report stated that his younger brother Yugal Bhuian (since deceased) had proceeded on 15.9.2005 to participate in Karma Puja Mela at about 4 O'clock in the evening. When he did not return back in the night, the informant became anxious. In the morning of 16.9.2005, he was informed that the dead body of his younger brother Yugal Bhuian was lying in Loinga forest. He went there with the witnesses and other members of his family and identified the dead body of his younger brother Yugal Bhuian, which was lying about 50 ft. east from the house of one Kabir Mian. The head of the deceased was crushed probably with the stones and his hands were cuffed with the belt. There were other injuries on his body. Informant came to learn that the deceased had taken liquor in the house of Basant Ram on 15.9.2005 at Village -Loinga, where there held altercation with him, as such, the informant raised suspicion that on account of such altercation, Basant Ram had committed murder of his younger brother Yugal Bhuian with the help of unknown by assaulting him. The FI R was registered against the accused Basant Ram and unknown culprits. The police after investigation, submitted charge -sheet only against Basant Ram against whom charge was framed under Sections 302/201 of the Indian Penal Code and was put on trial by the Sessions Court. During course of trial, nine witnesses were produced and examined on behalf of the prosecution, but the learned counsel Mr. Tewari submitted that none of them claimed to be the eye witness of the alleged occurrence, though almost all were the near relations of the deceased except P.W. 8 Dr. Jayant Lakra, who had held autopsy on the dead body and PW.9 Mani Lal Rana, the Investigating Officer of the case.
(3.) MR . Tewari, the learned counsel, pointed out that prosecution filed a petition before the Sessions Court on 13.6.2007 to issue summons against the petitioners under Section 319 of the Code of Criminal Procedure on the basis of prima facie material against them, appeared during course of the trial. The learned Additional Sessions Judge, F.T.C. -II, Daltonganj, Palamau, without appreciating that there was no legal evidence against the petitioners and that the charge -sheet was also not submitted against them, allowed the petition of the prosecution and directed summons to be issued against the petitioners by splitting record of the petitioners. The accused Basant Ram was convicted under Sections 302/201 of the Indian Penal Code without aid of Section 34 so it can well be inferred that none was held criminally liable for the charges except Basant Ram in commission of the murder of Yugal Bhuian.;