STATE OF BIHAR Vs. RAM NARESH PANDEY:RAM NARESH PANDEY

JUDGEMENT

(1.) These appeals arise out of an order of discharge passed by the Subordinate Judge Magistrate of Dhanbad under S. 494 Criminal P.C., on his consenting to the withdrawal of the Public Prosecutor from a prosecution pending before him in so far as it was against the appellant Mahesh Desai, one of the accused therein. The prosecution was launched on the first information of one Ram Naresh Pandey as against 28 persons about the commission of the murder, of one Nand Kumar Chaubey a peon of a colliery in Bagdigi committed in the course of a serious riot on February 20, 1954. This was said to have resulted from differences between two rival labour unions in connection with a strike. The prosecution as against most of the other persons is under various sections of the Penal Code including S. 302, on the ground of their actual participation in the commission of the murder. But as against the appellant, Mahesh Desai, it is only under S.302 /109 Penal Code, the part ascribed to him in the first information report being that he abetted the murder by reason of certain speeches and exhortations at meetings or group talks the day previous to the murder. The application for withdrawal as against the appellant was made, on December 6th 1954, when the matter was pending before the Magistrate in the committal stage and before any evidence was actually taken. It was made by the Public Prosecutor on the ground that

(2.) The question of law involved may be gathered from the following extracts from the learned Chief Justice's judgment.

(3.) Section 494, Criminal P.C. runs as follows: