SHANKAR KUMAR RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this revision application, the petitioners are challenging the order dated 20.05.2013, by which the learned Sessions Judge -VII, Giridih, in S.T. No. 430 of 2007 has dismissed the petition under section 228 of the Cr.P.C. filed by the petitioners and has held that there are no ground to remit back the case to the committing Court for trial as charges are to be framed under sections 307 and 333 of the Indian Penal Code. An F.I.R. was lodged by one Sub -Inspector Sri Arvind Kumar Sinha, stating therein that a road accident had taken place at Bhorandiha on 21.06.2005, in which a Dumper bearing registration No. WB -37A/5921 knocked a cyclist who died during treatment. It has been further mentioned that as the owner of the dumper refused to pay any relief to the victim's family there was a road blocked. It is mentioned that efforts on behalf of the administration failed and the road blocked could not be cleared. Further it is stated that all requests made by the police officials could not bear any result and the crowd was demanding arrest and production of the owner of the dumper, namely, Nirbhay Kumar Sahabadi. As nothing happened, a direction was given to arrest the leaders, who were leading the mob. The police, thereafter, tried to clear the road by removing obstruction, which were put up by the mob. At this, the mob became violent and started pelting bricks and stones, which were there on the road side resulting in injuries to some of the police personnels. One of the persons in the mob, namely, Jainath Rana assaulted Havildar Chandrahas Prasad on his head by brick as a result of which Havildar Chandrahas Prasad fell down. Radhe Mohan Mishra @ Radhu @ Churi Baba, who was one of the leaders of the mob, ordered to kill the injured Havildar Chandrahas Prasad and to snatch the arms. On receiving the said command of the leader of the mob, Santosh Rana, Deepak Rana and others started assaulting the police officials. It has further been mentioned that others also started throwing bricks and stones injuring the police officials. It has further been mentioned in the F.I.R. that the persons tried to snatch S.L.R. rifle. Thereafter, police started taking action and as a result of which three round firings have been resorted to by the police. The injured police personnels were sent for treatment to the hospital.

(2.) On the basis of the aforementioned facts Giridih (Muffasil) P.S. Case No. 152 of 2005, for the offence under sections 147, 148, 149, 341, 342, 325, 307, 353, 332,333, 337, 338, 379511,427, 604 and 323 of the Indian Penal Code was registered.

(3.) After investigation, charge sheet was submitted under sections 147, 148, 149, 341, 342, 325, 307, 353, 332,333, 337, 338, 379511,427, 604 and 323 of the Indian Penal Code.