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Judgment
Sheema Ali Khan, J.—The Petitioners were the landlords of the deceased. The prosecution case is that in the night of 13/14th February, 1997, some persons entered the house of the deceased who was a ''Hawaldar'' and began to commit loot and also locked up some of the inmates of the house in a room. The deceased Upendra Kumar Singh faced the criminals and in doing so lost his life. In the entire case diary and the materials that have come on record, the allegation against the Petitioners is that they did not come out of their room to help the deceased fight the criminals. There is no allegation that they were in conspiracy with the criminals or that they in any way had participated in any part of the crime. The case was instituted u/s 302 of the Indian Penal Code. However, there is no material to relate these Petitioners with the offences u/s 302 of the Indian Penal Code.
In the result, I quash the order dated 13.8.2003, passed by the Additional District Judge III, Begusarai, in Sessions Trial No. 332 of 2000 as far as it concerns the Petitioners. This application is thus, allowed.