RAKESH KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Addl. P.P. for the State.

(2.) This criminal revision is directed against the order dated 11.12.2006, passed by the learned Additional Judicial Commissioner-XVIII, Ranchi in Sessions Trial No. 54 of 2002, refusing to discharge the petitioner of the charges under section 302/201 of the Indian Penal Code.

(3.) Perusal of the record reveals that the petitioner has been named in the F.I.R. of this case which relates to murder of Ram Charan Bedia and the petitioner was also the owner of the car bearing registration no. BR14C 3377. After due investigation, police submitted charge sheet only against the co-accused -Shanker Bedia. The learned trial court vide order dated 16.07.2004 in Sessions Trial No. 54 of 2002 has arrayed this petitioner as an accused by exercising the powers under section 319 Cr.P.C. The order by which the petitioner has been arrayed as an accused in this case has not been challenged by the petitioner. Subsequently, the petitioner appeared in the case and filed a petition with a prayer to discharge him. The learned trial court considering the fact that the informant in his deposition before the court has suspected that inter alia the petitioner along with the co-accused persons has killed the said Ram Charan Bedia and concealed his dead body in bushy forest as well as considering the testimony of the witnesses who have stated that in the car of the petitioner, certain persons including the co-accused persons were going on towards Hundru and the said car was seen going back from Hundru and other materials in the record, came to a conclusion that there is sufficient material in the record to frame charge for the offence punishable under section 302/34 of the Indian Penal Code against the petitioner and rejected the petition for discharge.