SHYAM KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application under Sections 397/40 of the Code of Criminal Procedure is directed against the order dated 18-2-2003 passed by Additional District and Sessions Judge, Dhanbad in S.T. No. 320/99 whereby he has rejected the application filed by the present petitioners for their discharge under Section 227 of Cr. P. C.

(2.) It appears that the case was instituted against 26 accused persons and cognisance was taken by the C.J.M., Dhanbad under Sections 147, 148, 149, 302, 120-B, I.P.C.

(3.) The prosecution story in brief is that all the accused persons dragged the husband of the informant from his house and killed him with deadly weapons. Before the framing of charge the petitioners who are amongst the accused persons filed an application for their discharge on the ground that no independent witnesses have supported the case and after investigation the Investigating Officer submitted charge-sheet only against 11 accused persons and these petitioners were not sent up for trial. The Court below considered the allegation made in the F.I.R. that the petitioners have also been named by the informant and also in the case diary the witnesses have supported the case of the prosecution and there are sufficient evidence against the petitioners for framing charges under Sections 147, 148. 149, 302, 120-B, I.P.C.