IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1392 of 2008 Jageshwar Sah son of late Babulal Sah resident of Mohalla- Chhoti Keshopur, Police Station- Jamalpur, District- Munger. … Petitioner. Versus 1. the State Of Bihar 2. Krish Nandan Sah son of Late Ramswarup Sah, resident of Mohalla- Chooti Keshopur, P.S.- Jamalpur, District- Munger. … Opposite Parties. ----- For the petitioner :Mr Shakil Ahmad Khan,Sr. Adv. :Mr. Ramsevak Choudhary, Adv. For the State :Mr. Dashrath Mehta, APP ----------- 9. 17.11.2011 The accused – petitioner has preferred this revision application against the order dated 15.11.2008 passed by the learned Additional Sessions Judge, FTC-1, Munger in Sessions Trial No. 465 of 1994 by which the petition filed on behalf of the accused under Section 319 Cr.P.C. has been rejected. The prosecution case, in brief, is that on 11.10.1993 at about 6 a.m. the accused Jageshwar (petitioner), Prakash Sah, Pano Devi, Manju Devi, Umesh Sah, Anil Kumar and 25 other persons entered into the house of the informant Krish Nandan Sah and assaulted all the members of his family and on protest all the accused ousted his mother Sakhi Chand Devi (deceased) from her house and told the informant that Sakhi Chand Devi was a dayan and she has killed 2 Asha Kumari, the daughter of Jageshwar Sah. After some time at about 8 p.m. all the accused poured petrol in her mouth and sprinkled kerosene oil on her person and she was set on fire and she succumbed the burnt injury. On the basis of fard beyan of the informant opposite party no. 2, Jamalpur P. S. Case No. 140 of 1993 was instituted against the accused. After investigation charge-sheet was submitted. The case was committed to the Court of sessions under Sections 147, 148, 149, 323, 324, 307, 448, 341 and 302 I.P.C. Charges against the accused persons were framed under Section 302/34 I.P.C. During trial P.W. 5 Prema Devi, P.W. 6 Lalan Kumar, P.W. 7 Ganesh Paswan and P.W. 8 Babalu Paswan have stated that the informant Krish Nandan Sah burnt his mother. Thereafter, accused filed a petition under Section 319 Cr.P.C. to summon the informant as an accused which has been rejected by the learned trial court vide the impugned order. Learned counsel for the petitioner submits that P. W. 7 and P.W. 8 have stated about the burning of Sakhi Chand Devi due to property dispute. 3 Learned counsel for informant opposite party has submitted that this criminal case has been filed only to delay the trial which is going on to take its finality. Sessions Trial No. 465 of 1994 is very old and all the prosecution witnesses and the defence witnesses have been examined and cross-examined and there is every chance that the accused would be found guilty. Learned trial court has rightly dismissed the petition filed by the accused under Section 319 Cr.P.C. After hearing learned counsel for both the parties and on perusal of the material on record it appears that P.W. 7 Ganesh Paswan and P.W. 8 Bablu Paswan have stated that Krish Nandan Sah has killed his mother due to dispute relating to property and in spite of this evidence, the learned trial court has dismissed the petition under Section 319 Cr.P.C. filed by the accused. Considering the facts and circumstances stated above, the impugned order is set aside and the matter is remitted back to the learned trial court for reconsideration of the matter. Learned trial court will examine as to whether P.W. 7 Ganesh Paswan and P.W. 8 4 Bablu Paswan have been examined by the Investigating Officer or not. The learned trial court will pass afresh order without being prejudiced by this order. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)