- (1.) This Cr. Revision application under section 397 and 401 of the Code of Criminal Procedure (hereafter referred to as "the Code") has been filed by the petitioners against the order dated 07.08.2009 passed by Additional Sessions Judge, FTC, II, Seraikella in Sessions Trial No. 114 of 2007, whereby and whereunder the petition filed on behalf of the prosecution under section 319 of the Code to issue summons to the petitioners has been allowed.
(2.) The prosecution case, as it appears from the fardbeyan of the informant Bhola Nath Mahto, in short, is that at about 7.00 A.M. on 08.05.2007 five persons including the petitioners surrounded his father and the petitioners assaulted his father by fists and slaps and one Basudeo Mahto inflicted injury on the head of his father by an axe. Thereafter, another accused Prajapati Mahato assaulted him and instigated others also to assault the father of the informant.
(3.) After investigation, as it appears from the record that the police submitted charge sheet against Basudeo Mahato and Prajapati Mahato only and the investigation with respect to three petitioners was kept pending and final form was submitted against these petitioners. It further appears that after framing of charge, under section 302/ 34 of the Indian Penal Code against Basudeo Mahato and Prajapati Mahato, the prosecution produced 17 witnesses. After completion of the prosecution evidence, a petition was filed by prosecution under section 319 of the Code to issue summons to the three petitioners relying upon the evidence of PW1 and PW4 (informant). The court below after hearing both the sides, by impugned order dated 07.08.2009 allowed the petition and directed to issue summons against the three accused persons i.e. the present petitioners, for facing the trial. Being aggrieved by the said order, three petitioners moved this court as indicated above.;