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2006 Supreme(Pat) 638

CHANDRAMAULI KR.PRASAD
State Of Bihar – Appellant
Versus
Suraj Singh @ Suraj Bhan Singh – Respondent


Judgment

Chandramauli Kr.Prasad, J.

1. State being aggrieved by the order dated 29.5.2006, passed by the Additional Sessions Judge, Fast Track Court No. IV, Begusarai in Sessions Trial No. 275 of 1993, declining the prayer made by the prosecution to examine the prosecution witnesses under Section 311 of the Code of Criminal Procedure, hereinafter referred to as the Code, has preferred this revision application.

2. Short facts giving rise to the present application are that on the basis of statement given by the Assistant Sub- Inspector of Police, Begusarai police station case under Sections 353 and 307/34 of the Indian Penal Code and Sections 25 (1-B) (a), 26 and 27 of the Arms Act was registered against the accused persons. According to the prosecution, accused persons resorted to firing on a police party by semi-automatic rifle and country made pistol when the police party raided the premises where the accused persons were hiding and making planning to commit crime. Police after investigation submitted charge-sheet and the case was ultimately committed to the Court of Sessions. Charges were framed on 19.6.2002 and although several opportunities were given to the prosecution to lea













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