Case Facts:
Patna High Court Cr.Misc. No.12975 of 2011 (2) dt.20-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12975 of 2011 ====================================================== 1. Shekhar Singh S/O Kapileshwar Singh R/O Village - Jagatpur, Police Station Phulparsa, District - Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 20-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 4.2.2011 passed in S.T. No.147 of 2010, arising out of Phulparas P.S. Case No.210 of 2006 by the learned Ist Additional District & Sessions Judge, Madhubani by which the court below has refused to discharge the petitioner from the case for offences under [STATUTE] . From the First Information report allegation has been made that some day before the occurrence there was an election of Mukhiya and on the fateful day i.e. 3.11.2006 one Santosh Singh, husband of the Patna High Court Cr.Misc. No.12975 of 2011 (2) dt.20-07-2012 Mukhiya came to the grocery shop where already 5- 10 boys of a particular caste were already standing. They started hurling abuses, taking his caste name and after some time they asked as to how he dared not to cast the vote in their favour. After some time all the accused persons started assaulting the informant and when the lady members came to save she was badly treated and they ransacked houses of his community. They assaulted the people of community indiscriminately which resulted death of Sukhdeo Ram during his treatment which led to institution of the present First Information Report. A different version of this incident has been made by another brother of victim which led to two cases. One is the present case and another is the case that has been filed by another person vide Complaint Case No. 69/2007 where altogether a different story has been stated and there the sets of the accused persons are different. In that complaint petition it has been stated that dispute arose because of allegation of defalcation of money in constructing the community hall. Patna High Court Cr.Misc. No.12975 of 2011 (2) dt.20-07-2012 Learned counsel for the petitioner submits that the story made in the present case and another case is contradictory and in this case the petitioner has wrongly been made accused because the complaint petition gives a different colour of the case. He further submits that the order of cognizance in connection with complaint case was challenged in the revisional court and the same has been dismissed. Learned counsel for the State has controverted the argument advanced by learned counsel for the petitioner and has submitted that the sessions court while rejecting the application has considered different paragraphs of the case diary and has found that there are sufficient materials available on record against the petitioner for framing charge. Having considered the rival contention of the parties, at this stage it is very difficult for this Court to make any comment as to which story is correct and it might be possible that the story that has been narrated in the present case may be true and as such this Court is inclined to interfere in the case. But it is always safe that S.T. No.147 of 2010 and the case arising from Patna High Court Cr.Misc. No.12975 of 2011 (2) dt.20-07-2012 Complaint Case No.69 of 2007 be tried by the same court to avoid the conflict in the judgment. With the aforesaid observation this application is disposed of. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.