1. The two petitioners who have been summoned under Sec.319 Cr.P.C. to face Sessions Trial No. 218 of 2003 pending in the Court of learned 1st Additional Sessions Judge, Katihar, are aggrieved by order dated 7.10.2006.

2. It appears that one Kishan Lal Rai gave his fardbeyan at about 1 P.M. on 29.9.2002 in respect of an occurrence which took place earlier at about 3 P.M. on 28.9.2002 and on the basis thereof Kadwa P.S. Case No. 139 of 2002 was registered under Sections 147, 323, 324, 341, 447, 379 and 504 I.P.C. against six persons named therein. It is said that when the informant alongwith his wife and brother Raju Rai went to the Parlia Haat and enroute return home when they reached near the Flour Mill of co-villager, Prem Lal Sharma, all the six F.I.R. named accused variously armed with Farsa, Kulhari and Lathi alongwith three unknown others surrounded them and on the orders of accused Arjun Rai to kill and to do away the informant, Arjun Rai himself dealt 3-4 Farsa blows on the head of the informant and accused Baijnath Rai gave a Kulhari blow on his head whereas accused Sheo Nath Rai and Darshan Rai assaulted him with means of lathi and accused Rajesh Rai with an inten