- (1.) HEARD the petitioner, State and the learned counsel appearing for the acquitted accused persons.
(2.) SHORTLY stated, the facts of this case are that on 31.8.1981, at about 3.00 p.m. the accused persons Babua Hembrem, Porana Hembram and Sanju Hembram along with other associates broken the main gate of the factory and over powering all the security guards entered in the shed No. 12 and began to beat the workers. They wanted to kill the Manager of the factory and when they did not locate the Manager, they ransacked the entire office and broken telephone connection. The accused persons encircled one Sachida Nand Deo and assaulted him with tangi causing grievous injuries. On the written and typed information of B.K. Jha, Manager of Dabur Gram Factory, the Jasidih PS instituted FIR against 14 accused persons. The charge -sheet as submitted and the case was committed to the Court of Sessions. On 14.12.1995, charges were framed under Sections 307, 447, 147, 148 and 149, IPC against all the accused persons. On perusal of charge, it transpires that one Sachida Nand Deo was tried to be killed; therefore, charge under Sections 307 and 149, IPC was framed against all the accused persons for having voluntarily caused hurt to Inder Bahadur and others. It appears that during trial, only one witness was examined out of 23 cited in the charge -sheet. PW 1 and 2 are very formal witnesses. They are the Advocates ' Clerks and identified the signature of the I.O., who drew the FIR. Only Sachida Nand Deo is the PW 3 and he supported the occurrence and did not identify the accused; therefore, the learned trial Court closed the evidence and acquitted all the accused persons by the impugned judgment.
(3.) THE revision has been filed on the ground that the learned trial Court, without exhausting the processes for securing the attendance of the witnesses, had closed the prosecution case and thus, there has been miscarriage of justice and consequently, this revision has been preferred.;