GOPAL PRASAD @ GOPAL LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure against the order dated 3.8.2002, whereby and whereunder the learned court below took cognizance of the offences under Section 302/34/120B of the Indian Penal Code in connection with Koderma PS Case NO.64 of 2002 corresponding to G.R. Case No. 112 of 2002.

(2.) THE prosecution case as alleged that one Manoj Yadav registered a case alleging therein that he was a cousin of the deceased Brahamdeo Yadav, who was the friend of one Delip Lal of the same village and Dilip Lal is issueless and therefore the petitioner Gopal Lal had an intention to grab the properties of Dilip Lal and that was being opposed by the deceased Brahamdeo Yadav who was also the Bodyguard of Delip Lal. It is further alleged that on 16.2.2002 the cousin brother of the Informant Brahamdeo Yadav alongwith his firend Dilip Lal and one daughter of Sarhoo of Delip Lal, namely, Neha Kumari, were coming on a Hero Honda Motorcycle from Bishnugarh. As soon as the motor cycle reached near Bagitanr at NH -31 (patna Ranchi Road) at about 7 p.m., they were accosted by Gopal Lal and his son Santosh Lal alongwith other miscreants. It is further alleged that Brahamdeo Yadav was shot by fire arm injury and thereafter they fell down from the motorcycle and the second shot was also fired from close range, resulting the death of Brahamdeo Yadav whereas Dilip Lal and Neha Kumari sustained serious injuries. Accordingly, F.I.R. was lodged under Section 302/34/120B of the Indian Penal Code. Police investigated into the case and after investigation submitted Final Report finding no clue in the matter.

(3.) ON the other hand, the learned counsel appearing on behalf of the opposite party nO.2 contended before me that there is no illegality in the order impugned as the court below is empowered to take cognizance even after perusing the evidence collected during investigation under Section 161 Cr.P.C. and he has rightly took cognizance on the statement of Dilip Lal and Neha Kumari, who are said to be the eye witness as regards to the occurrence.