RAMAKANT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) For the Petitioners: Mr. Anil Kumar Sinha, Sr. Advocate For the State : Mr. Sunil Kumar Dubey, Advocate For the O.P. No.2 : Mr. Kaushik Sarkhel, Advocate 10/ Dated:-20/3/2023 Heard Mr. Anil Kumar Sinha, learned senior counsel for petitioners, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Kaushik Sarkhel, learned counsel for the O.P. No. 2.

(2.) This petition has been filed for quashing of order taking cognizance dtd. 3/11/2009, passed in Bishrampur P.S. Case No. 80 of 2003, corresponding to G.R. Case No. 1500 of 2003, by the learned Chief Judicial Magistrate, Daltonganj whereby cognizance has been taken under Sec. 302/34 of the I.P.C. and under Sec. 27 of the Arms Act, pending in the Court of learned Chief Judicial Magistrate, Daltonganj, Palamau.

(3.) On the basis of fardbeyan of deceased-Dhananjay Singh F.I.R. has been lodged alleging therein that on 10/11/2003 at about 7.30 P.M. the informant along with other co villagers Narmdeshwar Singh, Keshaw Singh, Jasbir Singh, Ramjee Singh, Sanjay Kumar Singh were sitting upon the culvert near Mango tree of the village and they were talking. Thereafter all other co-villagers were gone to their house at about 8 P.M. and only the informant Dhananjay Singh and Sanjay Singh were left there in course of going of their house. At the same time four persons of the same village namely, Ramakant Singh, Suresh Singh both sons of Ramswarup Singh, Rajkamal Singh, son of Ramakant Singh and one Gupteshwar Singh, son of late Ramsharik Singh came from the nearby bushes and asked who are you. Then the informant replied and accordingly, Ramakaant Singh ordered for firing then Gupteshwar Singh fired upon the informant and accordingly, he sustained bullet injury on his left hand and accordingly he fell down. Thereafter, Suresh Singh said to Rajkamal Singh to fire but no injury received by the informant or Sanjay Singh. Thereafter Sanjay Singh had raised alarm and thereafter the other villagers came there and thereafter one commander jeep was arranged from the village and thereafter proceeded to Sadar Hospital at Daltonganj.