NANDAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned senior counsel Mr. A.M. Bora, assisted by Ms. P. Chakraborty, Advocate appearing for the petitioners and the learned Additional Public Prosecutor, Assam, Ms. S. Jahan as well as Mr. S. C. Keyal, learned counsel for the informant were heard.

(2.) By these two applications under Section 482 CrPC, the Extra Ordinary Inherent Jurisdiction of this Court is sought to be invoked for setting aside the order dated 13.03.2018 passed by the learned Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No. 29/2018, whereby charges were framed against the petitioners.

(3.) An FIR was lodged with the Diphu Police Station on 11.07.2014 alleging, inter alia, that on 10.07.2014, when the deceased Sambhu Singh was attending classes in the Basic Training Centre, some people took him out from the classes and shot him to death. After killing the deceased Sambhu Singh, the miscreants had left the place. On the basis of the said FIR, Police registered Diphu P.S. Case No. 167/2014 under Section 302 IPC and on completion of investigation submitted charge-sheet against as many as 10 (ten) accused persons including the present petitioners. Based on the said charge-sheet, the learned Judicial Magistrate committed the case to the Court of Sessions and the learned Sessions Judge by the impugned order framed charges against the accused persons including the present petitioner Nandan Das and Suman Kumari Devi under Section 120(B) read with Section 302 IPC. Charges were also framed against some other accused under Section 302 IPC read with Section 27(3)/25(1-A) of the Arms Act.