ARUN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 02/ 09.05.2014 Heard learned counsel for the petitioners, learned A.P.P. for the State as also learned counsel for the informant. 2. The petitioners are aggrieved by the order dated 20.3.2014 passed by learned A.J.C. -IV, Ranchi, in S.T. No. 69 of 2014, whereby the application filed by the petitioners for discharge under Section 227 of the Cr.P.C., has been rejected by the Court below, also giving a finding that in the facts of this case, the charges are required to be framed under Section 307 of the Indian Penal Code as well. 3. The facts of this case lie in a short compass. The petitioners have been made accused in Lower Bazar P.S. Case No. 54 of 2002, corresponding to G.R. No. 1279 of 2002, for the offences under Sections 448, 328, 341 / 34 of the Indian Penal Code. There is direct allegation against the petitioners to have poisoned the informant, whose fardbeyan was recorded on 8.5.2002 in the Female Ward, Bed No. 4 in Sadar Hospital, Ranchi, by the A.S.I. of Lower Bazar Police Station, on the basis of which, the police case was instituted and investigation was taken up. It appears that after investigation, the police submitted the final form in the Court below, which however, was not accepted by the Court below and the cognizance was taken against the petitioners. 4. The petitioners challenged the said order taking cognizance, before this Court in Cr.M.P. No. 1265 of 2004, which was finally dismissed by order dated 16.7.2008, finding that when the investigation was finally to conclude, the superior officer, Deputy Superintendent of Police, Ranchi, in his supervision note directed the I.O., to submit the final form, relying only upon the alibi taken by the petitioners. When the matter was pending for acceptance of the final form, protest petition was preferred by the informant before the learned Chief Judicial Magistrate and after going through the record, it was held that on the basis of the