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2007 DIGILAW 198 (PAT)

Ramashish Sharma v. State Of Bihar

2007-01-29

M.SARAN

body2007
Judgment 1. This application under Sec. 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 3.5.2006 passed by the Additional Sessions Judge Fast Track Court No. IV, Gaya in Sessions Trial no. 268 of 2005 whereby and whereunder he refused to discharge the petitioners from the case. 2. Heard the learned counsel for the parties. 3. It is the prosecution case that on 15.9.1999 at 7 P.M. the accused persons took away the brother of the informant namely Birendra Sharma with them for irrigating the land. Birendra Sharma did not return back. In the morning his dead body was found in a field and his neck was cut by sharp cutting weapon. According to the informant, murder of one Bhagwan Sharma was committed in the year 1993 in which Birendra Sharma was main accused and thus the informant suspected that the murder of Birendra Sharma has been committed by the accused persons for taking a revenge of that accident. It appears that police investigated the matter and submitted chargesheet against the accused persons including the petitioners on the basis of which cognizance was taken and the case was committed to the court of Sessions. 4. The submission of the learned counsel for the petitioners is that after submission of chargesheet the matter was referred to C.I.D. and thereafter further investigation started and investigating Officer of C.I.D. after completing further investigation submitted chargesheet against the informant Satyendra Sharma, on the basis of which cognizance has been taken against the informant. The further submission is that in the present case two chargesheet have been submitted on the basis of the investigation done by two different investigating officer. The submission is that no prima-facie case against the petitioners is made out for the purposes of charge. 5. It appears from the impugned order that the learned Additional Sessions Judge examined different paragraphs of the case diary along with postmortem report and after finding that there was sufficient material in the case diary for proceeding further against the petitioners, posted the case for framing of the charge. 6. At a stage of Sections 277 and 228 of the Code the court has only to see whether a prima-facie case is made out. At this stage the court cannot examine the pros and cons of the prosecution case. 6. At a stage of Sections 277 and 228 of the Code the court has only to see whether a prima-facie case is made out. At this stage the court cannot examine the pros and cons of the prosecution case. In a murder case where a prima-facie case is made out the charge has to be framed. 7. At this stage, I do not find any error in the impugned order. Accordingly, this application stands dismissed.