MUKESH YADAV @ RAJDEO YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the order impugned dated 3.11.2009 passed by the Additional Sessions Judge, F.T.C.II Latehar in S.T. No. 87 of 2009 arising out Barwadih P.S. Case No. 48 of 2006 corresponding to G.R. No. 399 of 2008 by which the petition filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioner for his discharge was rejected for the alleged various offences under Sections 147/148/149/307/302/353/332 of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4/5 of the Explosive Substances Act and Section 17 of the Criminal Law (Amendment) Act.

(2.) The prosecution story is based upon the self statement of the informant Assistant Sub-inspector of police, Barwadih police Station who narrated therein that on 22.8.2006 while he along with the police force was going to towards Betla Forest on routine petrolling suddenly, a blast was heard on the right side of the road and thereafter, it was alleged that the extremists out laws resorted to indiscriminate firing upon the police which retaliated by the police force. The informant thereafter detected after cease fire that one of the constables had sustained gun shot injury in his leg. The informant with the police party made extensive search of the place of occurrence and in course of search several explosive materials and other incriminating articles including fire arms and documents were recovered. In the meantime, the informant heard another sound of blast at some distance and then proceeded with the police force in the direction of the blast where there also held exchange of fire be- tween the police force and extremists. However, finding that the police was mounting pressure by constant firing, the M.C.C. outlaws retreated and escaped in the forest. In the said firing two police per- sonnel succumbed sustaining gun shots injuries fired from the side of the extremists. By giving the list of the mcrirninating articles including bombs and various objectionable literature recovered from the place of occur- rence in the self statement of the informant, Barwadih P.S. Case No. 48 of 2006 was registered against as many as 106 named accused persons and more than 100 un- known extremists.

(3.) Mr. Jitendra S. Singh, learned counsel appearing on behalf of the petitioner submitted that it would transpire from perusal of the FIR that one Mukesh Ji was made an accused In the instant case without giving his parentage and address along with other accused. The investigating Officer without identifying and established identity of the said Mukesh Ji submitted the chargesheet against the petitioner stating that his alias name was Mukesh Ji though he was popularly known as Mukesh Yadav @ Rajdeo Yadav.