- (1.) The petitioner calls in question the legality of the order dated 03.05.2014 passed by Sri Ajit Kumar, Additonal Sessions JudgeIV, Deoghar in Sessions Trial No. 58 of 2013 whereby and whereunder the petition filed under Section 227 of Code of Criminal Procedure (hereinafter referred to as 'the Code') for his discharge, has been rejected.
(2.) The facts giving rise to the present revision application lie in a narrow compass and center around a criminal conspiracy. At the instance of one Ajay Kumar Choudhary, the brother of deceased, Degohar (Town) P.S. Case no. 443 of 2010 was instituted on 19.11.2010 under sections 302/120-B/34 of Indian Penal Code and also under Section 27 of the Arms Act on the allegation that his brother Sandeep (the deceased) was in love with one Khusbu Kumari, daughter of this petitioner, and with whom, his brother had solemnized marriage secretly at Bhubneshwar. His brother was running a Computer Institute in the basement of Yashoda International and he also used to install computers on demand. It is also alleged that earlier to the marriage with Khusbu, his brother had solemnized his marriage with one Rupa Choudhary, daughter of Prem Chandra Jaiswal, resident of Silliguri but there was matrimonial dispute between them for which he was taken in custody and later on his brother came in close connection with the daughter of this petitioner. The petitioner and his wife Asha Sinha were not agreeable to the marriage of their daughter with Sandeep and on several occasion, the said Asha Sinha had visited his house and searched the room of Sandeep and had obtained photographs of her daughter and Sandeep and also threatened the family members of dire consequences. It is also alleged that on 19.11.2010 at about 9:30 p.m. while he was standing near his gate, he found two persons roaming there in suspicious condition and thereafter he heard the sound of firing and when came near the place, he found his brother Sandeep lying on ground in a pool of blood. Immediately, he shifted his brother to hospital but his brother succumbed to his injury. It is also alleged that he found several firearm injuries on the body of his brother like injury on back and buttocks and suspects that some unknown persons have killed his brother and also suspects the hands of father and mother of Khusbu Kumari.
(3.) On completion of the investigation, the police submitted the charge sheet against this petitioner and his wife Asha Singh under Sections 302/120-B/34 of the Indian Penal Code and also under Section 27 of the Arms Act. After commitment of the case, at the stage of framing of charge, a petition under Section 227 of the Code was filed at the instance of petitioner for his discharge but the same was rejected vide order dated 03.05.2014 holding that there are overwhelming materials available on the record which gives rise to great suspicion of the petitioner's involvement in the commission of offence. Hence, this revision.;