HARISH CHANDRA MISHRA, J. - (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Secionts 302, 338, 120(B)/34 of the Indian Penal Code in Jorapokhar (Sudamdih) P. S. Case No. 47 of 2009, Corresponding to G. R. No. 664 of 2009 (Sessions Trial No. 331 of 2009).
(2.) THE case was instituted on the basis of the written statement given by the Police Officer, who was investigating an U.D. case. During investigation it was found on the basis of the F.S.L. report that the death of the deceased was due to poisoning and, accordingly, the Investigating Officer lodged the F.I.R. on 05.03.2009 for the offence under Sections 302, 338, 120B/34 of the Indian Penal Code and the petitioner was also made an accused in this case and the charge sheet was Through Vigilance also submitted. It appears that the cognizance was also taken in the case and the case was committed to the Court of Session, where the application was filed by the petitioner under Sections 227 Cr. P.C. for discharge. The said application has been dismissed by the impugned order dated 07.08.2010 passed by the Additional Sessions Judge, FTC - III, Dhanbad in S. T. No. 331 of 2009 holding that there was sufficient material for framing the charge against the petitioner under Sections 302, 338, 120B/34 of the Indian Penal Code.
(3.) LEARNED counsel for the petitioner submitted that that impugned order passed by the Court below is absolutely illegal, inasmuch as, previously, an U.D. Case was filed in this case and after one year of the occurrence the present F.I.R. has been lodged, in which, the petitioner has been made accused only on the basis of the suspicion. It has also been submitted that only the family members of the deceased had suspected against the petitioner and the other witnesses have stated that the petitioner has been falsely implicated in this case. Learned counsel for the petitioner, accordingly, submitted that it is a fit case for discharge and the impugned order cannot be sustained in the eyes of law.;