SAMMUKH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State.

(2.) THE petitioners are aggrieved by the order dated 29.8.2012 passed by the learned Sessions Judge, Chatra, in S.T. No. 48 of 2012, whereby the application filed by the petitioners under Sections 227 and 228 of the Cr.P.C., for discharge, making the alternative prayer that in the facts of this case the offence under Section 307 of the Indian Penal Code was not made out, has been rejected by the Court below.

(3.) THE case was instituted on the basis of the complaint filed by one Bindu Devi against the petitioners, which was sent for institution of the police case and accordingly the police case was instituted and investigation was taken up. It appears that after investigation the police has submitted charge -sheet under Section 307 of the Indian Penal Code also, and cognizance was taken for the said offence as well, and the case was committed to the Court of Session, where the petitioners filed their application for discharge, making an alternative prayer that the offence under Section 307 of the Indian Penal Code was not made out and the other offences were not triable by the Court of Session.