- (1.) Both the revision applications have been directed against the order dated 16-2-2004 passed in S.T. No. 8 of 2002 by the Additional Sessions Judge, (FTC-III), Garhwa whereby the petitioners have been arrayed as accused under Section 319 of Cr. P.C. and non-bailable warrant of arrest was ordered to be issued against the petitioners except the petitioner-Kuldeep Narayan Singh, fore securing their appearance to face the trial for the charges under Sections 148, 147, 307/149, 323, 326 and 302 of the Indian Penal Code.
(2.) Brief facts of the case as narrated in the fardbeyan of Suneshwar Baitha is that he is the "Panchayat Sewak" in Manjhiaon Block Office. It is stated that on 10-12-2000 a meeting was held which was presided over by Ramachandra Ram, BSP leader, and Shambhoo Ram, Sahbir Ram, Harihar Ram, Chunmun Baitha, Lal Bahadur Baitha, Udai Baitha, Ramprit Baitha, Rajeshwar Baitha, Bachu Baitha, Charitra Ram, Ajay Kumar Mehta, Bhola Mehta, Prem Mehta, Ram Pravesh Mehta, Harihar Mehta, Nanu Mahto and others had participated in the said meeting which was convened to discuss and ascertain as to who had murdered Kameshwar Baitha, the brother of the informant. After conclusion of the meeting, three persons namely Bachnu Baitha, Ajay Mehta and Ram Pravesh Baitha came to the informant and threatened to kill him alleging that he had committed the murder of Kameshwar Baitha. Thereafter at about 8.50 p.m. he saw fourteen persons namely Ajay Mehta, Kuldip Mehta, Prem Mehta, Bhola Mehta, Gopa Mehta, Shahbir Mahra, Uday Baitha, Rajeshwar Baitha, Harihar Ram, Charitar Chamar, Bachanu Baitha, Vijay Baitha, Shambhu Ram variously armed with garasa, tangi, bhujali, lathi along with 15-20 persons who came to his house and ordered him to come out of the house and someone stated that Suneshwar should be killed. He somehow managed to enter and shut the door of his house but one of the accused gave a lathi blow from behind. He raised an alarm whereupon his brother Premdas Baitha came there and at that time Ajay Mehta, Prem Mehta and Bhola Mehta assaulted his brother with tangi as a result of which, he fell down and other accused persons also assaulted his brother. In the meantime, police party came to the place of occurrence and the accused persons fled away. His brother, Premdas Baitha was brought to the hospital where he died in course of treatment. The informant stated that he and his wife had seen the whole occurrence from the window of their house.
(3.) On the fardbeyan the FIR was drawn against all the accused persons and after investigation police submitted charge-sheet showing 13 accused as not sent up under column 2 of the charge-sheet. On the basis of charge-sheet the C.J.M. found prima facie involvement of three accused and committed the case to the Court of sessions. Three accused namely Prem Kumar Mehta, Ram Parvesh Mehta and Ajay Kumar Mehta were put to trial. In course of trial the witnesses were examined and they disclosed the name of the above petitioners.;