RAJENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER has challenged the order dated 15.12.2001 passed by the learned 1st Additional Sessions Judge, Bokaro, in S.T. No.14 of 2001, whereby the application filed by the petitioner for discharge, has been rejected by the Court below.

(3.) IT appears that the other 11 co-accused persons, including Birendra Manjhi and Raja Singh, against whom there was direct allegation to have made assault and to have committed the murder, had faced the trial in Sessions Trial No. 248 of 1998. The record of Session Trial No.248 of 1998 was called for, which shows that in spite of all possible efforts taken by the Court, no prosecution witness was examined except the doctor, and accordingly, by Judgment dated 14.2.2000 passed by the learned 1st Additional Session Judge, Bokaro, all the accused persons were acquitted of the charges. Learned counsel for the petitioner submitted that the impugned order passed by the Court below is absolutely illegal, in as much as, the petitioner is not Rajendra Paswan, who had been made accused in this case, rather the petitioner is Rajendra Prasad. Learned counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law. Learned counsel for the State on the other hand has opposed the prayer,