RONGON MUKHOPADHYAY, J. - (1.) HEARD Shri A.K. Kashyap, learned senior counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the State as well as Mr. S.K. Murari, learned counsel appearing on behalf of the informant.
(2.) IN this application, the prayer of the petitioners is for quashing the order dated 20.11.2014, passed by the learned Additional Sessions Judge -VIIth, Dhanbad in Sessions Trial No.7/2000, whereby and whereunder the application filed on behalf of the petitioners under Section 311 of Cr.P.C was rejected.
(3.) THE prosecution story in brief is that on 15.7.1998, the deceased -Binod Singh was traveling on an ambassador car, which was being driven by Manu Ansari and it is said that when they reached near Shahid Bhagat Singh Chowk, Katras, three persons in a Maruti Van reached there and fired at Binod Singh and thereafter fled away. It was also alleged that two accused persons could be identified and the informant claimed that both the named accused persons along with Bachha Singh (petitioner no. 1) had hatched a conspiracy to kill the deceased -Binod Singh. After investigation, chargesheet was submitted by the police on 16.09.1998 against the accused persons under sections 302/120 -B/34 of the Indian Penal Code and section 27 of the Arms Act and upon submission of the chargesheet, cognizance was taken for the offences mentioned above by the learned Chief Judicial Magistrate, Dhanbad. It appears that since the Deputy Inspector General of Crime Investigation Department (C.I.D.) had come to the conclusion that the investigation into the offence was not properly conducted by the police, as such vide Memo No. 2838/C dated 23.10.1999, the investigation of the case was handed over to the C.I.D. However, the C.I.D. closed the investigation finding that the District Police had submitted final form after proper enquiry. After commitment of the case to the Court of Sessions, the same was registered as Sessions Trial No. 7 of 2000 and subsequent thereto charge was framed on 23.04.2004 and on examination of the prosecution witnesses, the prosecution evidence was closed on 22.05.2012.;