( 1 ) THE order dated 13th April, 2004 passed by the Sessions Judge (South and West), Namchi in S. T. Case No. 1 of 2004 arising out of Ranipool P. S. Case No. 12 (5)2000, dated 14th May, 2000 under Sections 147/148/149/302, I. P. C. read with section 25 of Arms Act, 1959, rejecting the application filed by the prosecution under section 31, Cr. P. C. is the subject-matter under challenge in this Revision Petition.

( 2 ) THE facts of the case, in a short compass, are as follows : on the basis of FIR dated 14th May, 2000 lodged at Ranipool P. S. alleging that the son of the informant, Dawa Tashi Bhutai was assaulted by a group of 10/12 boys with a iron rods, iron grills, stones and other dangerous weapons at Ray Khola, Ranipool at the instigation of the accused Thukchuk lachungpa, the Ranipool P. S. Case No. 12 (5)2000, dated 14th May, 2000 under Sections 147/148/149/302, I. P. C. was registered against the accused Thukchuk Lachungpa and his associates and that, after the arrest of the accused persons, the accused thukchuk Lachungpa and Sonam Chazor bhutia were charged and sent up for trial and in the course of the trial as many as 28 prosecution witnesses were examined and