- (1.) HEARD the counsel for the parties and with their consent this application is being disposed of finally at the stage of admission itself.
(2.) IN this application, the petitioner has challenged the order dated 07/08/2007, whereby the learned Chief Judicial Magistrate, Hazaribagh, took cognizance of the offence under Sections 147, 148, 149, 307, 302, 323, 324, 326, 427/34 IPC and Section 27 of the Arms Act. The facts, in short giving rise to this application, are that one Rafat Imam lodged a first information report before Hazaribagh Sadar Police Station on 30/01/2007 being Hazaribagh Sadar P.S. Case No. 77/2007, which was initially registered under Sections 147, 148, 149, 307, 341, 323, 324, 326, 427 IPC and Section 27 of the Arms Act. Subsequently, Section 302 IPC was added since the victim died.
(3.) THE FIR was registered against 13 named accused and 20 unknown persons. It was alleged therein that on 29/01/2007 as usual during the Moharam festival the informant and others had taken out a 'Tajia procession in memory of Sahadat day of Hajrat Imam Hussain and had kept the same near Imambara and were preparing for 'Fatiha prayer, at that time, some antisocial elements of Kasai Muhalla armed with Revolver, Lathi, Sword, Gupti, Iron rod, Bhala and also burning Lookari shouting slogan of Ya Ali came there and started rotating the burning Llookari dangerously. At this, Khalifa Kalimullah asked them not to do so as because it may burn 'Tajia and nearby shops and houses. At this, at the instigation of Babloo and Munif to kill the persons who were against their procession, Babloo, with intention to kill, assaulted Kalimullah with Sword on his head, due to which he fell down on the earth. When Amanullah came forward to save him, he was assaulted by Md. Israil Kasai on his stomach by Gupti. Md. Israil Kasai also asked his companions to assault everybody after dragging them out from the house. It was further alleged that when Imran went to save Kallimullah and Amanullah, he was assaulted on his head by Kalu Kasai and Md. Israil Kasai by 'Lathi and 'Gupti and when Imam came forward to save Imarn, he was assaulted by Ashraf Kasai on his face by burning Masal. In the meantime, Md. Amin and Bablu Kasai fired from their respective Pistols, the bullets of which, hit the shutter of Bihar Hotel and a Radio shop. They also damaged the furniture of some of the shops of the area and threatened that anybody who will give evidence against them would be killed.;