SUDESH RAKESH TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant criminal revision is directed against the order dtd. 15/12/2015 passed by learned Additional Judicial Commissioner-VI, Ranchi in the Sessions Trial No. 239 of 2015, whereby and whereunder the learned Additional Judicial Commissioner has dismissed the discharge petition dated 20.,06.2015 under Sec. 227 of the Cr.P.C. filed by the petitioners and fixed the case for framing of charge against the petitioners.

(3.) It is submitted by learned counsel for the petitioners that Chutia P.S. case No. 16 of 2008 has been instituted against the petitioners by the informant Satyam Kumar registered under Ss. 147, 148, 448, 307 and 386 of the Indian Penal Code and also under Sec. 27 of the Arms Act. As per F.I.R., the allegation against the petitioners is that about two years ago, the informant had taken land measuring 2.07 acres, appertaining to Plot No. 268 under Khata No. 225 of Village- Seram on lease from Paran Munda @ Champa Munda. The informant has also taken power regarding the three houses build over the said land. In one of the houses, the informant used to reside and in other two houses the family of Champa Munda @ Paras Munda and Anand Munda used to reside. It is further alleged that on 5/2/2008 at about 8:00 PM, the informant deputing his men to take care of his goods went to his house at Harmu Road. The informant has further stated that on 6/2/2008, his men came to him and stated that Sudesh Tirkey, Moin Ansari, Sajjad, Parwej, Lalan, Ranjit Toppo along with 25-35 persons armed with lathi, gun and pistol came and ousted them from the house. On protest, Sudesh Tirkey with intention to cause murder fired from his pistol, but he jumped over to the other side of the Wall to save his life and escaped from shot of fire arm. It was also disclosed by men of informant that miscreants also threatened Champa Munda and Anand Munda to vacate the houses, otherwise they will be burnt alive. The miscreants also loaded goods on truck and taken away and houses were also demolished using dozers. The informant has also claimed that he went to place of occurrence and found the houses were demolished by the accused persons and one Ajay Tirkey was holding pistol on his hand, who threatened him to take his life, then the informant fled away. It is also alleged that Sudesh Tirkey has demanded ransom of Rs.10,00,000.00 from the informant. Hence, the F.I.R.