LAXMI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN connection with Durgapur Police Station Case No. 12/2008 total 4 persons were charge sheeted under section 306/109 IPC. Those charge sheeted accuseds are Babu Das, Dilip Das, Subrata Das and Lakhmi Das. While Babu Das is the alleged principal accused, who had a love affair with the deceased Souma Pal, the charge sheeted accused Dilip Das and Lakhmi Das are his parents and Subrata Das his real brother.

(2.) INVOKING inherent jurisdiction of this court, Lakhmi Das, Dilip Das and Subrata Das have moved this court against the order passed by the trial court rejecting their prayer for discharge.

(3.) IN a sessions triable case, when an accused invoking the provision of Section 227 Cr.P.C., moved the Court seeking discharge from any case, the court is essentially required to consider the charge -sheeted materials viz., the evidentiary material collected during investigation and proposed to be relied upon by the prosecution against accused during trial and to hear him and the prosecution and if thereafter, the court finds there is no sufficient grounds for proceeding against the accused, the accused person is to be discharged by recording the reasons therefor. Thus, in the quest of considering the question of discharge, the trial court is only required to consider whether the charge sheeted materials on the face of the same and without disputing the correctness thereof, disclosed commission of any offence or not. At that stage, the question of reliability of those materials cannot be gone into. Even the trial court is not empowered to appreciate those materials and accepting the same to be reliable cannot embark upon an enquiry to ascertain whether those are sufficient for conviction or not. At that stage no fishing and roving enquiry is permissible.