Ravi Nath Verma, J. - (1.) The petitioners have questioned the legality of the order dated 18.12.2007 passed by Additional Sessions Judge, F.T.C.-II, Palamau in S.T. No. 358 of 2006 whereby on an application filed by the prosecution under Section 319 of the Code of Criminal Procedure (in short "the Code"), summons have been issued to the petitioners to face trial along with other accused persons.
(2.) Shorn of unnecessary details, the facts giving rise to the present case are that at the instance of the present opposite no. 2 Lila Devi, whose statement was recorded in Sadar Hospital, Daltonganj, Chainpur P.S. Case no. 74 of 2006 was instituted under Sections 147, 148, 149, 323, 324, 325, 326 and 307 I.P.C. and subsequently Section 302 I.P.C. was also added on the allegation that her husband Bijay Dubey, the deceased was going to call a Mistri from village Katua on 29.05.2006 at about 7:30 a.m. and when he reached near the house of Shambhu Nath Dubey, all the accused persons including Shambhu Nath Dubey, Nawal Dubey, Jai Shankar Dubey, Dinanath Dubey, Rajdeo Dubey, Lal Babu Dubey, Dulari Devi and Baby Devi armed with various weapons surrounded her husband and they all assaulted her husband with Tangi, Sabal and Lathi as a result, her husband fell down and became unconscious and due to said assault, there was fractures in the hands of her husband. Her husband also sustained other injuries. The occurrence was witnesses by several villagers. When the informant and her family members came to save the injured, the accused persons fled away. It appears from the record that the injured was shifted to hospital where he succumbed to the injuries.
(3.) After investigation, the police submitted the charge sheet against Sambhu Nath Dubey, Dulari Devi, Rajdeo Dubey, Nawal Dubey, Malti Devi and Dina Nath Dubey. However, final form was submitted against the two petitioners and one another accused Lal Babu Dubey. Thereafter, charges were framed and the trial proceeded. After examination of eight witnesses including the informant Lila Devi when five formal witnesses were yet to be examined, a petition was filed by the prosecution on 26.09.2007 under Section 319 of the Code to summon the petitioners and another accused also to face trial. After hearing the parties and examining the oral evidences available on record, the court below by order dated 18.12.2007 directed to issue summons to the two petitioners and another accused Lal Babu Dubey.;