SHASHI BHUSHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Sections 397 and 401 of the Code of Criminal Procedure (in short 'the Code'). It is directed against the order dated 11.9.1997 passed by the 1st Additional Sessions Judge, Vaishali at Hajipur in S.T. No. 483/96 by which the learned Court below rejected the petition for discharge filed on behalf of the petitioner.

(2.) From the prosecution case, it appears that at about 4.15 p.m. on 28.3.1992 an incident had taken place in the Block Development Office at Goraul in which two persons had lost their lives and on the statement of one Mahabir Prasad Sahni, a case was instituted against late Hemant Shahi and others under various sections of the Indian Penal Code as also under Section 27 of the Arms Act. This petitioner who was posted at Goraul police station as a Police Guard on duty was also made an caused in this case along with late Hemant Shahi and others. The case was registered as Goraul P.S. case No. 59/92. Another case arising out of the same incident was instituted separately as Goraul P.S. Case No.170/92 for offences under Sections 25 (A) and 26 of the Arms Act in which also this petitioner figured as an accused. The allegation against him in this case was that though he was supposed to be on Santry duty at Goraul police station but in fact, the petitioner at that time was at Block Development Office and has committed the crimes alleged against him. After investigation charge-sheet was submitted in this case against the petitioner under Sections 25 (A) and 26 of the Arms Act.

(3.) After submission of the charge-sheet the petitioner was tried by Shri Chandra Shekhar Pradhan, Judicial Magistrate 1st class, Hajipur in Tr. No. "689/93"/"425/94" for the offence under Arms Act which finally ended in the acquittal of this petitioner. After his acquittal in the case under Arms Act, the petitioner filed an application under Section 227 of the Code to discharge him in the other case, namely Goraul P.S. Case No. 59/92, (Sessions trial No. 483/96) in which also he figured as an accused. The ground taken by him was that since the petitioner was not found to have committed offence under Sections 25 (A) and 26 of the Arms Act; there being no other allegation against him, it cannot be said that he had participated in the incident of Goraul P.S. Case No. 59/92. This prayer of the petitioner made under Section 227 of the Code was, however, rejected by the trial Court by the impugned order. It is against this order that the present revision application has been filed in which it has been contended that the learned Additional Sessions Judge ought to have taken into consideration the fact that since the petitioner has already been acquitted for the offence punishable under the Arms Act, his prosecution in the present case (Goraul PS. Case No. 59/92) is not justified. On these grounds, it has been contended that the order dated 11.9.1997 passed by the learned Additional Sessions Judge, Vaishali at Hajipur rejecting the prayer of the petitioner filed under Section on 227 of the Code be set aside.