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Ashok Kumar Singh @ Ashok Singh And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 10 December 2020 · Citation: (2020) 12 JH CK 0061

HON’BLE JUDGES
Amitav K. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 227
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 341 Of 2020
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Judgment

16 paragraphs · 364 words
1.

The revision is directed against the order dated 19.02.2020 passed by the learned Additional Sessions Judge-II, F.T.C., Bokaro in Sessions Trial No.

3 of 2020, rejecting the petition for discharge filed under Section 227 of the Code of Criminal Procedure.

2.

Heard the learned counsel for the petitioners and learned P.P. and perused the impugned order and the case diary.

3.

The contention of the learned counsel for the petitioners that the witnesses who are the neighbors of the deceased and have not supported the

allegation and the Doctor in paragraph 27 of the case diary, has stated that the deceased has died due to chronic cardiac problem, can be appreciated

only after the evidence is led in the trial court. It appears from the post-mortem report that some abrasions ante-mortem in nature was found on the

body of the deceased. The court below has discussed the provisions of law and the materials on record while rejecting the petition for discharge.

4.

It is well-settled that at the stage of hearing on the petition under Section 227 Cr.P.C., the court is required to look into the probative value of the

material on record and the court is not required to conduct a mini trial by sifting and weighing the evidence for arriving at the satisfaction that the

material on record will lead to conviction of the accused. The court is required to record its satisfaction that material on record are sufficient to make

out a prima facie case for proceeding in the case and for putting the accused on trial.

5.

It is apparent that the court below has discussed the material evidence on record and recorded its satisfaction that there was sufficient material for

framing the charge. The impugned order does not suffer from any illegality or infirmity. Accordingly, the revision, is hereby, dismissed.

6.

It is made clear that this Court has not expressed any view or opinion on the merit of the case. The petitioners can raise the points in their defence

at the appropriate stage of trial. The court below shall decide the case on merit after considering the evidence led during trial, without being prejudiced

by this order.