- (1.) This application under Section 482 of Cr. P. C. has been preferred by the petitioner against the order dated 13th February, 2001 passed by the learned Chief Judicial Magistrate, Dumka, whereby cognizance of offence under Sections 147, 148, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code has been taken against the accused persons including the petitioner.
(2.) It appears that on the basis of the Fardbeyan of Smt. Sati Devi recorded on 16th October, 2000 at 9.30 p.m. at Dumka (T) Police Station, Ramgarh P.S. Case No. 89/2000 corresponding to G. R. No. 984/ 2000 dated 18th October, 2000 was instituted under Sections 147, 148, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code against several accused persons including the petitioner. In the said Fardbeyan, the informant alleged that on 16th October, 2000 at 1-30 p.m. she along with her sister-in-laws (Gotni) Paro Devi; (Nanad) Sabni Mosmat and her daughter-in-law (Phool Kumari) were in the house. All of a sudden, her relatives (Gotiyas), the accused persons including the petitioner entered into her house and started abusing and assaulted with fists and slaps, lathi, danda and rod, as a result of which, her sister-in-laws, namely, Paro Devi, Sabri Mosmat and daughter-in-law, Phool Kumari came for her rescue, but they were also assaulted. Accused Satan Mandal ordered to kill them, whereupon Paro Devi was attempted to kill and Ghanshyam shot an arrow which injured Paro Devi on her left hand and she fell down. On raising alarm, the people of the locality gathered. While fleeing away, accused persons also took away some of the utensils and silver chain.
(3.) According to the petitioner, after investigation, charge sheet was submitted and all the accused persons were forwarded for trial under the aforesaid sections excluding petitioner Radhey Shyam Mandal @ Bablu Mandal who was not sent up as per the charge sheet. Thereafter, the learned Chief Judicial Magistrate, Dumka took cognizance by order dated 13th February, 2001 under Sections 147, 148, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code against the accused persons including the petitioner.;