When the papers were laid before the Chief Judicial Magistrate,, Buxor, the first informant made an application requiring the Magistrate to exercise his powers to summon the appellant so as to sent him.
Hence this appeal by special leave.
to stand trial alongside the accused sent up by the police, before the.
It appears that during investigation two witnesses namely Sudama Singh and Srikant Misra claimed to have seen and heard before hand the present appellant Raj Kishore Prasad statedly about 18 years of age , the brother of Avadh Kishore alias Pagalwa, to have exhorted the accused to kill the deceased, where after the actual assailant is said to have assaultled the deceased.
On seeing the first informant and his helpers having companye, the assailant ran away from the spot.
Next morning on 7.3.1994, the injured expired.
of Session, he shall a. companymit.
1996 Supp 2 SCR 125 The Judgment of the Court was delivered by PUNCHHI, J. Special leave granted.
The Court Of Session allowed the .revision petition, and desired of the Chief Judicial Magistrate issuance of warrant of arrest of the appellant to face trial.
It is on that basis that the police filed report against the actual assailant only, on the basis that the appellant was number involved the crime.
It was then the appellants turn to move .the High Court under section 482 Cr.
Sections 209 and 319 of the Code of Criminal Procedure which play their part are set put below, one after the other 209, COMMITMENT OF CASE TO COURT OF SESSION WHEN OFFENCE IS TRIABLE EXCLUSIVELY BY IT When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the, offence is triable exclusively by the Court.
P.C. of a case triable by a Court of Session, associate another person as accused, in exercise of power under section 319 of the Code of Criminal Procedure, or under any other provision, is the significant question which crops up for companysideration in this appeal.
The first informant removed his injured brother to the Hospital and kept attending to him during night.
The investigation was companyducted by the local police officers, which was supervised by the Sub Division Officer, Buxor and Superintendent of Police, Buxor.
Thereafter at about 10 a.m. the first informant reported the matter to the police naming Avadh Kishore alias Pagalwa as the sole accused of the crime.
When he came close to the place of occurrence, he found the accused abusing and saying to the victim that he would number let him remain alive.
During the companyrse of supervision, it transpired that there was number sufficient evidence or reasonable ground for suspicion that the appellant was involved in the crime and he was thus found to be innocent, more so when those two witnesses had number companye forward to own their version before the supervising high officers.
Can a Magistrate undertaking companymitment under Section 209 Cr.
The first informant the second respondent herein Chandra Madho Singh, resident of Buxor, Bihar learnt on 63.1994 at about 730 p.m. that Ms brother Sudhir was under attack by means of an iron rod at the hands of Avadh Kishore alias Pagalwa in front of the latters shop.
