HARSH SONDHI @ HARSH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned senior counsel for the petitioner and Mr. S.K. Keshri, learned A.P.P. for the State as well as Mr. R.S. Mazumdar, learned senior counsel appearing for the informant.

(2.) This application is directed against the order dated 7.9.2017 passed in connection with Muffasil P.S. Case No. 44/2016, corresponding to G.R. No. 888/2016 (S.T. No. 156/2017) by the haired Principal District and Sessions Judge, Hazaribag, whereby and where under the application preferred by the petitioner for discharge has been rejected.

(3.) It has been submitted by Mr. A.K. Kashyap, learned senior counsel for the petitioner that no case under Section 307 of the Indian Penal Code is made out against the petitioner. Learned senior counsel for the petitioner submits that infact the First Information Report was initially instituted against unknown persons and only to falsely implicate the petitioner his name has been inserted in the fardbeyan which would be apparent from perusal of the fardbeyan itself. Learned senior counsel for the petitioner further submits that there was no repetition of blow and the intervening circumstances would suggest that there was no intention on the part of the accused persons to commit the murder of the informant as considering the fact that at the time of the alleged assault there was no one in the vicinity to prevent such assault. Learned senior counsel for the petitioner submits that the informant was never admitted in RIMS and infact he had obtained a C.T. Scan report from a private clinic and no reliance can be placed on the same. It has therefore been submitted that the learned trial Court has not considered the aforesaid and therefore the impugned order dated 7.9.2017 deserves to be set aside.