ASHUTOSH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of filing this revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the order dated 5.7.99 and the charges dated 5.7.99.

(2.) Three accused have questioned the legality of the order dated 5.7.99 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 37/98 corresponding to Karimganj P.S. Case No. 363/96 (G.R. Case No. 824/96) framing charges under Sections 341/34, 326/34 and 307/34 against two of the accused being accused No. 2 and 3 and under Section 109/341. 109/326 and 109/307 I.P.C. against the petitioner.

(3.) Charges have been framed by the learned Sessions Judge, Karimganj, holding that there are prima facie materials to warrant grounds for presuming that the accused persons have committed the otffences under Sections as mentioned hereinabove. The learned Sessions Judge has come to the said conclusions while framing the charges, on the following materials on record viz : i) The first information report. ii) The police report dated 21.2.97 wherein name of l0)(Ten) witnesses were shown to have proved the case on behalf of prosecution along with seizure list and medical reports. iii) The statements of 5 (five) witnesses examined during the investigation.