RAJENDRA KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Petitioners have preferred this petition under section 482 of the Code of Criminal Procedure for direction to the trial court to record the statements of the petitioners under section 313 of the Code of Criminal Procedure afresh strictly on the basis of the materials on the record.

(2.) THE main contentions of the petitioners are that as many as 17 witnesses were produced and examined on behalf of the prosecution, but not a single witness has in any manner implicated the petitioners in murder of Chiku Sardar. The witnesses did not suggest directly or indirectly that these two petitioners had offered Rs. 5,00,000/ - (Rupees five lakh) as supari (contract) for the assassination of Chiku Sardar and as such trial court acted illegally and without jurisdiction introducing the questions being put to the petitioners that they had offered Rs. 5.00,000/ - (Supari of Rupees five lacs) for the said killing. As a matter of fact, Investigation Officer, P. W.1 0, deposed in paragraph 6 of his statement that it was none but the absconder accused Bindu Singh. who had demanded Rs. 5,00,000/ - as Rangdari from Chiku Sardar on phone prior to his murder and, therefore, such question put to the petitioners is uncalled for and misconstrued while formulating the questions under section 313 of the Code of Criminal Procedure.

(3.) LEARNED counsel for the petitioners submitted that question put to the accused petitioners under section 313 of the Code of Criminal Procedure relating to taking of liquor shops of different places against consideration of Rs. 22,00,000/ - by Chiku Sardar was also beyond materials either in the statements of prosecution witnesses or any documentary evidence on the record and, therefore, such question put to the petitioners was not maintainable. Similarly, the petitioners were not in any manner involved in Cash P.S. Case No. 79 of 2000 in abduction of Chiku Sardar (since deceased) and obtaining his signature by using force on him since being not stated by any of the prosecution witnesses in the court but such fact has also been introduced in the questions put to the petitioners under section 313 of the Code of Criminal Procedure.