B.P.JHA, J.

1. The petitioner (complainant-informant) has filed this revision petition far setting aside the order dated the 18th March, 1969, passed by the Sub-Divisional Magistrate, Madhubani and the under dated the 23rd November, 1970, passed by the Sessions Judge, Darbhanga.

2. It is said that on the 7th April, 1968, at about 7 A.M., the members of the opposite party killed one Dasrath Mahto. The petitioner (informant) lodged a fardbeyan before the officer-in-charge of the police station. The police reached the place of occurrence on the same day, that is, 7th April, 1968. The investigating officer examined the eye-witnesses on the same day. It is said that the Divisional Inspector of Police also supervised the investigation of this case. It is said that the investigating officer submitted a final report under the directions of the superior officers. It is said that the Divisional Inspector, while holding supervision did not take the statements of any of the prosecution witnesses. It is said that he examined a boy who stated that Dasrath died when the tree fell on the body of Dasrath. The Magistrate in his order dated the 18th March, 1969, has held as follows :

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