RAM LAKHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two petitioners who along with others were impleaded as accused in Barhat P.S. Case No. 47 of 2006 are aggrieved by and have sought for the quashing of order dated 5.9.2007 whereby Sri R. Choubey, Judicial Magistrate, Jamui, on perusal of the supplementary chargesheet has found sufficient substance for the offence under Section 307 and other allied Sections of the Penal Code, 27 Arms Act and other provisions of the Representation of Peoples Act and has taken cognizance thereunder.

(2.) THE prosecution case is based on the self statement of S.I. -cum -Officer Incharge of Barhat P.S. recorded on 13.15 hours on 30.5.2006 wherein it was stated inter alia that he was on duty in Barhat Block to hold Panchayat Election in the year 2006 and while they were proceeding to Dharha Panchayat, they heard the sounds of 4 -5 firings in Sukhleba village whereupon he rushed to the place and found people assembled at the booth who on seeing the police jeep started dispersing. 4 -5 persons allegedly armed with rifles were seen going towards Ajan river whereupon another team of police personnel were informed. The police chased the miscreants whereupon they started firing at the police and the police retaliated. Eventually two of the accused were surrounded by the police who disclosed their names as Ashok Yadav and Guddan Mandal and also disclosed the names of other accomplices as Sahdeo Mandal, Mahendra Mandal and Sanjay Mistri. It is said that the villagers assembled and in their presence a search was made and musket rifles and cartridges were recovered from their possession for which they had no document of authorization and a seizure list thereof was prepared. It is alleged that out of the two petitioners herein, one was contesting the post of Mukhiya from Dharha Panchayat and that he had handed over one musket rifle and 20 cartridges each.

(3.) IN this connection, it was sought to be submitted that the two arrested persons, Ashok Yadav and Guddan Mandal are the muscle men of rivaled candidate Bijay Yadav and due to village politics and election rivalry both the arrested persons under the persuasion of Bijay Yadav had falsely disclosed the names of these two petitioners. It was further, submitted that Subodh Yadav, one of the witnesses of the seizure list was also a candidate for Mukhiya and in connivance with Bijay Yadav had become a witness to the seizure list.