BHAGYA KALITA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. A. K. Bhattacharyya, learned counsel for the petitioner and Mr. D. K. Das, learned P. P. for the CBI.

(2.) This revision is directed against the order dated 30-6-99 passed by the Sessions Judge, Kamrup, Guwahati in Sessions Case No. 9(K) of 1999 whereby the Court framed charges under S. 302, IPC against the accused-petitioner Shri Bhagya Kalita.

(3.) The prosecution allegation is that on the fateful night of 31-7-95 at about 10/15 P.M. Mrs. Karabi Das and her daughter were shot dead in their residence situated at Ambari, Guwahati. The case was initially investigated by Latasil Police Station and thereafter as per the direction of this Court in the writ petition the investigation was handed over to the Central Bureau of Investigation for short 'the CBI'. Further investigation was made and thereafter charge-sheet was submitted against the present petitioner Shri Bhagya Kalita, Md. Fatiur Ali and one Bhupen Medhi shown as absconder. Vide the impugned order the learned Sessions Judge framed charge against the petitioner Shri Bhagya Kalita and Md. Fatiur Ali as the other accused remained absconded.