- (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by the order dated 10.7.2000 passed by the learned 1st Addl. Sessions Judge, Chatra, in S.T. No. 103 of 1995, whereby the application filed by the petitioners under Section 227 of the Cr.P.C., for discharge, has been rejected by the learned Court below finding that there are sufficient materials for framing the charge for the offence under Sections 304 and 201 against the petitioners.
(3.) THE petitioners have been made accused in Basista Nagar P.S. Case No. 9 of 1989, corresponding to G.R. No. 120 of 1989, which was instituted on the basis of the information given by the Choukidar, stating that wife of one Ruda Sao was pregnant and in absence of her husband, she felt headache and she went to the medical shop of the accused petitioner Ram Khelawan Sao, where he administered some medicine to the lady, but her condition deteriorated. Thereafter one injection was also administered by the petitioner Ram Khelawan Sao, whereupon her condition deteriorated further and she was taken by all the accused persons to Hunterganj for medical help, but the lady died. Thereafter all the accused persons, before arrival of her husband, burnt the dead body of the deceased in order to conceal the evidence. With these allegations, the FIR was lodged against the petitioners. It appears that after investigation, the police submitted the charge sheet against the petitioners and cognizance was taken against the petitioners for the offence under Sections 304 and 201 of the Indian Penal Code and the case was committed to the Court of Session, where the petitioners filed their application for discharge, under Section 227 of the Cr.P.C., which has been dismissed by the Court below by order dated 10.7.2000.;