BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This revision petition is directed against the order dated 18.12.1998 passed by the 1st Assistant Sessions Judge, East Singhbhum, Jamshedpur in S.T. No.112 of 1997 whereby and whereunder, learned 1st Assistant Sessions Judge, East Singhbhum, Jamshedpur has discharged the opposite party nos.2, 3 and 4 of the revision petition who were the accused persons before the court below by exercising power under Section 227 of the Code of Criminal Procedure.

(3.) The brief fact of the case is that the accused persons of the case were making plan to kill the informant with the help of some unknown persons by giving them money. Out of the material witnesses examined by police during the investigation of the case, the witnesses Shyam Kishore Sharma, Arun Kumar Singh, Ram Nawal Singh and Rajendra Singh have stated that they heard from someone that the accused persons were planning to kill the informant by giving money to some unknown persons. All these witnesses have not disclosed the name of the person from whom they heard about the planning to kill the informant and they have also not disclosed the name of the person to whom the money was paid to kill the informant. Beside this, the statement of one Bikash Kant Choudhary was recorded under Section 164 Cr.P.C. and he has stated that Dilip and Sunil called Shankar Dubey and told him that they are going to talk with Ravi and Mahesh Gupta and Sunil will do the work of Birendra Kumar who is the son of T.P. Singh and gave money to Sunil.