- (1.) THIS revision application is directed against the order dated 2.9.2008 passed by Special Judge, CBI -cum -Additional Sessions Judge, 8th, Dhanbad in Sessions Trial No. 21 of 2008 whereby and whereunder petition filed under Section 227 of the Code of Criminal Procedure for discharge of the petitioner from the case has been rejected.
(2.) THE facts leading to this case are that one Pramod Kumar Singh, a Coal Merchant, working with Suresh Singh, came from Varanasi to Dhanbad by train on 3.10.2003. At Dhanbad Railway Station, he hired a private car and came to his residence. While he was climbing the stair of his house, two persons riding on a motorcycle suddenly came over there and fired shot at him, as a result of which Pramod Kumar Singh sustained gunshot injuries. Immediately, he was taken to Central Hospital, Dhanbad by his neighbours and friends where he was admitted in the Hospital at about 11.15 a.m. There at the hospital this petitioner posted at that time as Officer -in -Charge of Saraidhela Police Station recorded he statement allegedly given by said injured Pramod Kumar Singh in presence of Suresh Singh, Santosh Singh and Ranbijoy Singh whereby Pramod Kumar Singh allegedly named Ramadhin Singh and Rajiv Singh to be the persons, who shot at him. On the said statement, Dhanbad (Dhansar) P.S. Case No. 638 of 2008 was instituted under Section 307/34 of the Indian Penal Code and also under Section 27 of the Arms Act against Ramadhin Singh and Rajiv Ranjan Singh. However, when Pramod Kumar Singh succumbed to his injuries, case was also registered under Section 302 of the Indian Penal Code. Subsequently, the case was taken over by the CBI, who got it registered as R.C. No. 11(S) of 2003. After the case was investigated upon, it was revealed that the accused Suresh Singh had entered into criminal conspiracy in the year 2003 with the accused Kashmiri Khan and Syed Md. Akhtar @ Kharak Singh to commit murder of Pramod Kumar Singh whereby Rs. 3 lacs in cash was given to Kharak Singh to execute the plan. Thereupon, both the aforesaid accused persons in order to execute the illegal act made contact with Hira Khan, who alongwith Syed Arshad Ali came to the residence of Pramod Kumar Singh on the date of occurrence on a red colour Yamaha Motorcycle being driven by Syed Arshad Ali and other accused Hira Khan fired shot upon Pramod Kumar Singh causing bullet injuries. Thereafter the persons fled from there and came to the residence of accused Md. Ayub Khan @ Nanhe and informed that he has killed Pramod Kumar Singh.
(3.) IN course of investigation, it further transpired that Pramod Kumar Singh on being fired upon was brought to Hospital where this petitioner, Sub -Inspector of Saraidhela Police Station at the instance of accused Suresh Singh, Santosh Singh and Ranbijoy Singh prepared a false statement purported to have been given by deceased Pramod Kumar Singh whereby Rajiv Ranjan Singh and Ramadhin Singh were falsely implicated with a view to screen Suresh Singh, Santosh Singh and Ranbijoy Singh from being prosecuted.;