AMARESHWAR SAHAY, J. - (1.) THIS Criminal Revision was instituted at the instance of the Hon ble the Chief Justice, to decide the legality of the order dated 8.4.2003, passed by Sri Indradeo Mishra, Additional Sessions Judge, F.T.C. No. 1, Chatra, in Sessions Trial No. 73 of 1990, whereby the learned Additional Sessions Judge, allowed the prayer of the accused persons to recall the two eye -witnesses namely, Budhani Devi and Tulsi Ganjhu for further cross -examination by the defence on the ground that the parties have compromised their case outside the Court.
(2.) THE facts in short are that a First Information Report being Simaria P.S, Case No. 91/1989 was registered under Sec.324, 326, 307, 341/34 of the Indian Penal Code on the basis of the fardbeyan of one Khiru Ganjhu, against the accused Jitan Pathak, Narayan Pathak, Vishwanath Pathak and Dhaneshwar Mistri. It was alleged in the FIR that in the night of 20.9.1989, when the informant Khiru Ganjhu (now deceased) was going to his house alongwith Jethu Ganjhu, at that time the aforementioned four accused persons, who were armed with 'sword ', 'farsa ' and 'bhala assaulted him after chase, due to which he fell down but, thereafter, also the accused persons continued to assault him. After some time the police arrived at that place and then the accused persons said to have fled away from there. Thereafter, the police brought the injured Khiru Ganjhu on their police Jeep and got him admitted in the hospital for treatment. On 21.9.1989 in presence of the Circle Officer of Simaria, the dying declaration of the aforesaid Khiru Ganjhu was recorded by the Officer -in -charge of Simaria Police Station in the hospital itself.
(3.) THE injured Khiru Ganjhu succumbed to the injury and, thereafter, the charge -sheet was submitted against the accused persons under Sec.147,148,149 and 302 of the Indian Penal Code. The charges were framed against the accused persons on 6.9.1994 by the Additional Sessions Judge and, thereafter, the trial begun.;