WAHAB KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.P. Tewari, learned counsel for the applicant and learned A.G.A. for the State. By means of present 482, Cr.P.C. application, the applicant has prayed for quashing of the charge-sheet dated 20.6.1998 and submitted against the applicant under Section 120B, I.P.C. in Criminal Case No. 400 of 1998, State v. Ramdeo and another, arising out of Case Crime No. 96 of 1998 under Section 120B, I.P.C., police station Khorabar, District Gorakhpur as well as the proceedings in pursuance of the aforesaid charge-sheet and the orders dated 9.2.2000 and 6.5.2000 passed by the lower revisional court.

(2.) Brief facts of the case is that one Devendra Singh, who was the then M.L.C. from district Gorakhpur was assaulted by some unknown miscreants on 20th February, 1998 at about 10:00 a.m. and when the attack was made on him, his shadow died in the incident while saving him. Two of the accused persons were shot dead on the spot by the police and another accused Ramdeo, who was injured in the incident was taken into custody and later on he also died. The two accused Indrajeet and Ram Kishun managed to escape.

(3.) An F.I.R. of the incident was lodged by police constable Deena Nath Yadav as Case Crime No. 96 of 1998 under Sections 307, 302, 394, I.P.C., police station Khorabar, District Gorakhpur against two persons, namely, Indrajeet and Ram Kishun, who were later on shot dead in a police encounter. Thereafter, the investigation was carried out and during investigation it has come that the applicant conspired for the killing of Devendra Singh alongwith one Ramdeo against whom charge-sheet was submitted by the Investigating Officer in the Court of C.J.M., Gorakhpur on 20.6.1998. The learned Magistrate took cognizance of the offence on 22.6.1998. Against accused Ramdeo, who was dead, a charge-sheet was submitted under Sections 302, 307, 427, 353, 394, 120B, 412, I.P.C. Section 3 /5 Explosive Substance Act and 7 Criminal Law Amendment Act. The applicant was charge-sheeted only for offence under Section 120B, I.P.C. for hatching conspiracy to kill Devendra Singh, a copy of the charge-sheet has been annexed as Annexure-8 at Page 35 of the affidavit filed in support of the present application.