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1993 Supreme(Pat) 331

NAGENDRA RAI
Laxchami Prasad Agrawal – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application is being disposed of at the stage of admission itself.

2. The sole petitioner has filed the present application for quashing the order dated 21-6-1993, passed by the 11th Additional Sessions Judge, Gaya, in Sessions Trial No.18/93, 58/ 93 framing charges under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act against the petitioner and under Sec. 302/ 34, IPC against other accused person.

3. The facts necessary for disposal of the present application are that a fardbeyan was lodged by one Smt. Anjani Sharma at 3 p.m. on 6-7-92 with regard to an occurrence which took place near Bari Road, Marufganj Mor in the town of Gaya at 2 p.m. at the place of occurrence itself in which her Mama (maternal uncle) Ramswarath Sharma was alleged to have been murdered. The petitioner is alleged to have fired at her Mama which hit in the chest and as a result of which he died on the spot. The other accused persons were also standing there. On the basis of the Fardbeyan lodged by Smt. Anjani Sharma a first information report was lodged at Gaya Kotwali Police Station, being Case No. 141/92 and the police after investigation submitted charge-sheet under Secs. 302 /













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