KALYAN CHANDRA SARKAR Vs. RAJESH RANJAN ALIAS PAPPU YADAV

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) The appellant herein is the complainant in CBI Case No. RC.12(S)/98/SIC.IV/ New Delhi. According to the said complaint, the first respondent herein conspired with the other accused named in the said complaint to murder his brother Ajit Sarkar who was then a MLA from Purnea constituency in the State of Bihar. The incident leading to the murder of said Ajit Sarkar took place on 14-6-1998 when said Ajit Sarkar was returning in his official car with 3 others after attending a Panchayat. It is the prosecution case that some other accused named in the complaint followed the car in which said Ajit Sarkar was travelling on two motorbikes and attacked Ajit Sarkar, his friends Asfaq Alam, Hamender Sharma and Ajit Sarkars bodyguard Ramesh Oraon with sophisticated weapons consequent to which said Ajit Sarkar, Asfaq Alam and Hamender Sharma died and Ramesh Oraon was seriously injured. A complaint in this regard was registered with the jurisdictional Police at the instance of the appellant and the original investigation was initiated by the said Police. However, when it was noticed that the said jurisdictional Police were not conducting proper investigation, the same was transferred to the Central Bureau of Investigation (CBI) which registered a fresh case. During the course of investigation the CBI found that in view of political rivalry between the deceased and the first respondent herein, the latter entered into a criminal conspiracy with the other co-accused to eliminate said Ajit Sarkar and pursuant to the said conspiracy on 12-6-1998 the first respondent held a meeting with co-accused Harish Chaudhary and others in Siliguri. It is also found that the first respondent instructed some of the co-accused to falsify certain records to create an alibi for himself and Harish Chaudhary for their absence from the place and the time of proposed attack and he himself left for New Delhi from Bagdogra. The further case of the prosecution is that later on the first respondent from Delhi instructed the other co-accused Rajan Tiwari over the phone to eliminate Ajit Sarkar by all means and he also assured the said Rajan Tiwari that he would provide the required fire-arms through co-accused Harish Chaudhary. Pursuant to the said assurance, the prosecution alleges that on the date of the incident i.e. on 14-6-1998 at about 4.30 p.m. said Rajan Tiwari armed with an AK-47 rifle, Harish Chaudhary with a .455 revolver and another accused Amar Yadav armed with a .38 revolver waylaid the car in which Ajit Sarkar was travelling at a place near Ankur Hotel in Subhash Nagar and in that attack, as stated above, 3 persons including Ajit Sarkar died and his bodyguard Ramesh Oraon suffered serious injuries. During the course of investigation, some of the accused persons including the first respondent were arrested and a charge-sheet was filed before the Additional Sessions Judge, XI at Patna in Sessions Trial No. 976 of 1999.