STATE OF ASSAM Vs. DINESWAR DEKA

JUDGEMENT

(1.) Criminal Revision No. 119, 2000 and 47 of 2000 were heard together and disposed of by this common order as both the revisions have arisen out of the order dated 06- 12-99 passed by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 1(D-M)/99.

(2.) The facts leading to the present revisions, in brief, are that one Khagen Nath Boro lodged a written FIR before the Mangaldoi Police Station stating, inter alia, that on 12-09-96, the Excise Staff of Mangaldoi took away his brother Chanaram Boro from his house after assaulting him and subsequently said Chanaram Boro was found dead in the house of the Excise Inspector Md. Abdul Hussain, G.R. Case No. 636/99 was registered and after usual investigation police submitted charge-sheet under Section 147/302 IPC against, as many as, 13 persons. The case was committed before the Court of Sessions and at the stage of consideration of charge the trial court framed charges against 12 accused persons under Section 302/34 IPC. The trial Court, however, discharged Md. Abdul Hussain vide the impugned order on the ground of lack of sanction under Section 197 Cr.P.C.

(3.) Criminal Revision No. 119 of 2000 has been registered suo moto by this Court and notices were issued to the accused Chiranjeet Das. On the other hand, accused Abdul Hussain has filed 47/2000 for setting aside the order of framing charge against him. The other 11 accused persons have not challenged the impugned order of framing of charge.