Decided on July 27,2018

Tirath Singh Chadha Appellant
STATE OF ASSAM Respondents


Mir Alfaz Ali, J. - (1.) This revision is directed against the order dated 05.07.2010 passed by the learned Addl. Sessions Judge, Sibsagar framing charge against the petitioner under Section 302/307/326/34 IPC, in Sessions Case No. 42/2010.
(2.) On 23.01.2010, the petitioner T.S. Chadha accompanied by his escort party moved out, for checking the ONGC installations. When they were coming back from one of the ONGC establishment, at night, at about 11.30, two persons on a motorcycle overtook the escort vehicle of the petitioner, which was following the vehicle of the petitioner. Being suspicious about of the said two persons overtaking the escort vehicle, the security personnel of the escort vehicle informed the petitioner over V.H.F. set. Upon such information, the petitioner directed his PSO to stop the motorcycle. The PSO of the petitioner, one Padum Bora jumped out of the vehicle and tried to stop the motorcyclist, but defying the signal, the motorcycle moved ahead in a high speed and said Padum Bora opened fire to the motorcyclist, as a result of which, Nilikesh Gogoi and Bulu Gogoi died. An FIR was lodged to that effect on the same day by the petitioner. Another FIR was lodged by one Thaneswar Gogoi, on the basis of which police registered a case and after investigation submitted charge sheet against the present petitioner and Padum Bora under Section 302/307/326/34 IPC. On the basis of the said charge sheet, learned Judicial Magistrate took cognizance and committed the case to the court of sessions as the offences were triable exclusively by the court of sessions. Learned Sessions Judge by the impugned order framed charge against the present petitioner.
(3.) Aggrieved by the order of the learned Sessions Judge framing charge, the petitioner preferred the instant revision petition.;

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