SABHAPATI PRASAD KUSHWAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State, as also learned counsel for the accused opposite party No.2.

(2.) THE petitioner -is aggrieved by order dated 07.07.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Dhanbad, in Sessions Trial No. 226 of 2009, whereby on an application filed by the accused opposite party No.2, under Section 227 of the Cr PC for discharge, the Court below has found that no offence is made out against him for the offence under Section 304 of the Indian Penal Code, rather the offence is made out under. Sections 304 -A and 279 of the Indian Penal Code and accordingly, in exercise of the power under Section 228 of the Cr PC the learned Additional Sessions Judge transferred the case to the Court of the Chief Judicial Magistrate, Dhanbad, for framing the charge and trial of the accused in accordance with law.

(3.) THE facts of this case lie in a short compass. There was a collusion of two motorcycles and the F.I.R was lodged by the pillion rider of one of the motorcycles, who has stated that on 27.03.1997 at about 8.00 p.m. the informant was returning back from the farm house of his friend Purnendu Shekhar on a motorcycle along with him to Dhanbad and when they reached near Upper Bazar, a motorcycle going towards Tundi, which was being rashly and negligently driven, dashed against the motorcycle of the informant which was being driven by his friend. Purnendu Shekhar, Both of them fell down and were injured and brought to hospital. On 31.01.2007 in the morning he learnt that his friend Purnendu Shekhar had died. On the basis of the fardbeyan of the injured Prabhakar Prasad, Govindpur P.S. Case No. 81 of 2007, corresponding to G.R. No. 998 of 2007 was instituted against unknown for the offence under Sections 279/304 -A of the Indian Penal Code and investigation was taken up.