ABUL KALAM RASHEED ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 06-07-2019 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 124/2016, whereby, charges u/s 120(B)/302 IPC read with Section 25 (1-A)/27 of the Arms Act were framed against the present petitioner.

(2.) Brief facts of the case, which may be relevant for disposal of this revision petition are that police registered Goalpara P.S. Case No. 195/2001 u/s 120(B)/302 IPC read with Section 25 (1-A)/27 of the Arms Act, on the basis of an FIR lodged by Sri Keshab Ranjan Nath, the father of the victim. It was alleged in the FIR that when his son (the victim) was coming out from the college, some unknown miscreants shot at him. Later on, he succumbed to the bullet injury. Upon completion of the investigation, charge-sheet was laid against seven accused persons including the present petitioner. Offence being triable exclusively by the court of sessions, learned Magistrate committed the case to the court of sessions. Learned sessions judge framed charges against five accused persons including the present petitioner by order dated 06-10-2019, which is impugned in this revision.

(3.) Heard Mr. B.D. Konwar, learned senior counsel appearing for the revision petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the respondents.