ATUL SINGH Vs. STATE OF C G

JUDGEMENT

(1.) BEING aggrieved by the order dated 18-01-2007 passed by Shri N.D. Tigala, IInd Additional Sessions Judge, Ambikapur (Surguja) in Sessions Trial No. 409/2005 (State of Chhattisgarh v. Amit and Ors.) framing charges against the applicant for offences under Section 302 read with Section, 120B of the Indian Penal Code, the applicant has preferred this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure.

(2.) BRIEF facts are that on 25-06-2005 at about 3.20 P.M., one Jagmohan Singh, who was a star witness for the prosecution in the Lalbabu murder case, was shot in the Ambikapur Court premises by one Guddu Singh alias Vinod Singh. The prosecution case is that the applicant Atul Singh, the main accused in the Lalbabu murder trial hatched a criminal conspiracy with co-accused Shubhkaran Dwivedi who was also detained with him in District Jail, Ambikapur to eliminate the main witness Jagmohan Singh, in pursuance of which, Shubhkaran Dwivedi arranged for a professional shooter Vinod Singh alias Guddu Singh. A room was booked in Maya Lodge, Ambikapur for Guddu Singh alias Vinod Singh, the expenses of which were to be borne by the applicant Atul Singh. Atul Singh wrote a letter to the Manager of Maya Lodge stating that he would be making the payment for the stay of Guddu Singh in the lodge.

(3.) ON the basis of above material, Shri N.D. Tigala, the then learned IInd Additional Sessions Judge, Ambikapur found a prima facie case under Section 302 read with Section 120B of the Indian Penal Code against Atul Singh and framed charges under the above mentioned sections.