SURAJ MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this Cr. Revision against the order impugned dated 3.5.2006 passed by Shri S.K. Singh, 1st Additional Sessions Judge -cum -Special Judge, S.C. and ST. (Prevention of Atrocities) Act, Deoghar in Special Case No. 4/05 arising out of Sarwan P.S. Case No. 55/04 whereby and whereunder the discharge petition filed by the petitioner under Section 227 of the Criminal Procedure Code was dismissed for the alleged offence under Sections 147/148/149/323/307/379/353/341/448/427/504 I.P.C. as also under Section 3(X) of the S.C. and S.T. (Prevention of Atrocities) Act and Section 136(2) of Representation of People Act.

(2.) THE brief fact of the case as it stands narrated in the written report of the informant Avirath Chand Mandal presented before the Officer -in -Charge, Sarwan was that he was the Head Master in the Middle School, Pindrahat. During parliamentary election in the year 2004 he was deputed at the Booth No. 170 within Jarmundi Assembly Constituency at Primary School Beltekari as Presiding Officer on 26.4.2004. After polling was over on 26.4.2004 and he was sealing the E.V.M. Control Unit and other relevant documents at about 5.30 P.M. in the meantime, the petitioner Suraj Mandal, a candidate for J.D. (United) with his bodyguard and party agent namely Suresh Mandal and Rohit Mandal and two unknown persons entered into the polling booth, terrorized the informant and provocated the other to assault him. It is alleged that the petitioner Suraj Mandal after holding his collar started assaulting him with the fists and kicks and the other accused persons also assaulted him. His bodyguard pointed his Stengun on his chest extending threat that he would commit his murder. It is alleged that the bodyguard assaulted him with the Stengun as a result of which he fell down. When the witnesses rushed to rescue him, they were also assaulted by the petitioner Suraj Mandal and his associates and abused Arjun Das a member of the Polling Party calling him 'Chamar' and also humiliated him by abusing the entire 'Chamar' caste men. Lakhi Ram Hembram another member of the Polling Party was also abused by calling him 'Adavasi'. It was further alleged that the bodyguard removed a sum of Rs. 1050/ - from the pocket of the informant. It is specifically alleged that the petitioner Suraj Mandal broke the E.V.M. Unit by throwing it on the earth and destroyed all the documents related to the election. On hearing alarm the villagers assembled there and rescued the informant and other Members of the Polling Party. The miscreants also set a motorcycle on fire. On the written report of the informant, Sarwan P.S. Case No. 55/04 was registered and after investigation the police submitted final form on 16.5.2005 only against 3 accused persons namely Suraj Mandal (Petitioner), Rohit Mandal and Suresh Mandal for the offence under Sections 147/148/149/323/307/379/353/448/427 and 504 I.P.C., under Section 3(X) of S.C. and S.T. (Prevention of Atrocities) Act and Section 136(2) of Representation of People Act.

(3.) MR . P.P.N. Roy, learned Counsel appearing for the petitioner submitted that a separate case vide Sarwan P.S Case No. 57/04 was instituted against different set of accused persons for the same and similar cause of action as against the same alleged incident, but in spite of the alleged incident poll was not cancelled which goes to show that no such occurrence as alleged took place on the alleged date and place of occurrence and therefore, the petitioner has been falsely implicated on account of political vengeance. The case was instituted under Sections 147, 148 and 149 I.P.C. but the charge -sheet was submitted only against 3 persons including the petitioner. The learned Counsel emphatically submitted that for constituting offence under those Sections there must be unlawful assembly of 5 and more persons as envisaged under Section 141 of the I.P.C. Therefore, the charge under above Section is not maintainable.