RAJENDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicant Ra jendra Tiwari with a prayer to quash the charge- sheet dated 31.3.2009 in case crime No. 98 of 2008 under section 302 I.P.C. and section 3(2)(v) of SC/ST Act P.S. Marihan District Mirzapur pending in the Court of learned C.J.M. Mirzapur vide criminal case No. 29712 of 2009.

(2.) THE facts of the case in brief are that the F.I.R. of this case has been lodged by O.P. No. 2 Daya Ram Sonkar on 8.3.2008 at 7.10 am in case crime No. 98 of 2008 against the applicant and two other co- accused per sons alleging therein that on account of old enmity and litigation, the mother of the first informant namely Smt. Mahdei aged about 85 years has been killed, after investigation the I.O. submitted the charge-sheet against the applicant, co-accused Deena Teli and co-accused Piyari Devi under section 302 I.P.C. and section 3(2)(v) of SC/ST Act on which the learned Magistrate concerned has taken cognizance and summoned the applicant to face the trial. Heard Sri Arvind Srivastava, learned Counsel for the applicant, learned A.G.A. for the State of U.P.

(3.) IN reply to the above contention it is submitted by the learned A.G.A. that in the present case on the basis of the material collected by the I.O. charge-sheet has been submitted, the charge-sheet is containing the list of witnesses in which the name of 15 persons have been mentioned. There is fresh material on the record, which dis closes the commission of the offence on which the proper prosecution can be made. There is no illegality in the submission of the charge-sheet and there is no illegality in taking cognizance by the leaned Magistrate concerned. So far as the ground taken by the applicant in respect of alibi, it may be considered at the stage of the trial and other submissions made by the learned Counsel for the applicant regarding contradiction in the statement of the witnesses or of mala fide, can be taken by the appli cant in defence at the stage of the trial, at this stage all these ground are not material for quashing the charge-sheet. Therefore, the prayer for quashing the charge-sheet may be refused.