RAM KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 397/401 of the Code of Criminal Procedure against the order dated 5.3.2002, whereby and whereunder the learned Additional Sessions Judge, Fast Court No. 1, Dhanbad rejected the prayer of the petitioners for discharge in connection with S.T. No. 225 of 2001.

(2.) PROSECUTION case in brief as stated that one Sudama Ram alleged that on 1.12.2000 at about 8.30 p.m., the petitioners accompanied with others came and by breaking open lock of the old house of the informant they started keeping their belongings in the said house forcibly. It is further alleged that Arun Sharma and Raju Sharma claimed the said house to be their own. It is also alleged that accused persons including the petitioners assaulted Sanjay Kumar Ram with fists and slaps, as a result of which he became unconscious and then he was brought to State Hospital, Taldanga but he was declared dead by the doctor. The FIR was lodged under Section 302/34, IPC. The police investigated into the case and submitted charge -sheet against the accused persons/petitioners.

(3.) ON the other hand, the learned A.P.P. contended before me that there is a specific and direct allegation against all the accused persons including the petitioners for assaulting Sanjay Kumar Ram with an intention to kill him as the deceased was caught and get him throw to the field and thereafter the accused persons assaulted him with leg and fists as well as the injury caused on the vital part of the body, which is sufficient to indicate that the accused persons had intention to kill him and as such Court below rightly rejected the prayer for discharge of the petitioners.