- (1.) Heard the parties.
(2.) The petitioners being aggrieved by the order dated 04.07.2005, passed by the Additional Sessions Judge, Rajmahal, in S.C. No. 187 of 2004, have filed this application for quashing the said order whereby, the learned Trial Court, in exercise of the powers under Section 319 of the Cr.P.C, after considering the evidence on records, directed to issue summons against the petitioners abovenamed to face trial in the said Sessions Case.
(3.) The F.I.R. being Radha Nagar. P.S. Case No. 164 of 2002 was registered against seven named accused persons, by the Police on 24.12.2002 on the basis of the Fard Bayan of one Mahabir Mandal. It was alleged therein that on 23.12.2002, at about 11:30 A.M., at village -Nauhariya, Fudkipur, within Radhanagar P.S., in the district of - Sahibganj, a Gram Panchayat Sabha was held for the purpose of selection of contractor for construction, under Sunischit Rojgar Yogna. Various persons of the village, in two parties, assembled in the meeting, one party was headed by Swadhin Mandal and the other was headed by Subhash Mandal. The informant Mahabir Mandal was in the party of Subhash Mandal. In the said meeting, some disputes arose between the parties and then the accused Bhubesh Mandal, Kailash Mandal, Yugal Mandal, Jyotin Mandal, Dukhu Mandal and Sunil Mandal caught hold of the informant and assaulted him with feast and blow on different parts of his body. The accused Rupen Mandal came having a 'Danda' in his hands and assaulted on the abdomen of the informant as a result of which, the informant felt pain, Seeing this situation, Subhash Mandal, Amarnath Mandal and Gopal Mandal of the village came and intervened in the matter and brought the informant to the Hospital where Fardbayan of the informant was recorded. In course of investigation, the informant Mahabir Mandal died and as such Section 302 of the Indian Penal Code was added. Subsequently, the Police, after completion of the investigation, submitted chargesheet against the accused persons were facing trial.;