JUDGMENT :

1. In this petition, under Section 397/401 of the Cr.P.C., the petitioner, Shri Techi Kak has challenged the legality, propriety and correctness of the order dated 20.12.2021, passed by the learned Sessions Judge, Yupia in Sessions Case No.02/2021, under Section 120B/302/316/201/34 IPC.

2. It is to be noted here that vide impugned order dated 20.12.2021, the learned Court below had discharged the respondent No.1 -Shri Bijay Biswas @ Dengu and respondent No.2-Smti Taya Chumi, from the charges under Section 227 of the Cr.P.C.

3. The factual background, leading to filing of the present petition is briefly stated as under:-

“On 05.11.2020, at about 13.00 hours, the Officer-In-Charge, Banderdewa P.S. received telephonic information about an accident that took place near Karsingsa Block Point, in between Nirjuli and Banderdewa. Thereafter, the Officer-In-Charge, Inspector GochamTassa of Banderdewa P.S. and his team rushed to the spot, which is situated at a distance of 4 KM from the P.S. Having arrived at the place of occurrence, the Officer-In-Charge found that there were two persons in the vehicle at the time of accident, namely, Techi Meena Lishi, wife of Roni Lishi and her driver, resident of A Sector, Naharlagun. Both the persons were evacuated to the Hospital and later on; Techi Meena Lishi succumbed to her injuries at TRIHMS Hospital, and the driver Shri Dathang Suyang survived with minor injuries. No apparent damage to the vehicle was observed, which skidded off the road for about 3 mtrs, from NH-415. Thereafter, the Officer-In-Charge, prepared rough sketch map of the place of occurrence, taking photographs and seized the Innova vehicle, bearing Registration No. AR-01H-3782. Later on, at about 19.00 hours, on the same day, the Officer-In-Charge received one written F.I.R. from Shri Techi Lir, to the effect that on that day at about 12.39 hours, Smti Techi Meena Lishi called him from her mobile number 8575201455 and informed him that she was going to Karsingsa on being called by her husband Shri Lishi Roni and her mother-in-law (Lishi Nami). Thereafter, at about 2.15 PM, his wife informed him that his sister Techi Meena Lishi has already died. Hence, he suspects that on 05.11.2020, in between 12.40 to 2.00 PM, at Karsingsa Block Point towards Banderdewa, one driver Dathang Suyang, under Khonsa P.S. and Shri L. Roni son of Shri Lishi Legi of A Sector, Naharlagun have murdered his sister Techi Meena Lishi with pre-planned preparation and hatching a criminal conspiracy. Upon the said F.I.R. the Officer-In-Charge, Banderdewa P.S. registered Banderdewa P.S. Case No.22/2020, under Sections 279/304-A IPC, which was registered upon the initial telephonic information of the vehicle accident. Thereafter, the case was endorsed to Inspector Minli Geyi, Officer-In-Charge, Nirjuli P.S. for further investigation, by an order of the SDPO, Naharlagun, dated 11.11.2020, bearing no. SDPO/NLG-05/2016. Accordingly, Inspector Minli Geyi has investigated the case and after completion of investigation, he laid Charge-sheet against 7(seven) accused persons namely, (1) Lishi Roni, (2) Kapwang Letey Lowang, (3) Dathang Suyang, (4) Taney Khoiyang, (5) Damreit Khoiyang (6) Taya Chumi and (7) Bijay Biswas @ Dengu to stand trial in the Court, under Section 120B/302/316/201 IPC. While submitting the Charge-sheet, the Officer-In-Charge has informed the Court that CFSL report have not yet been received and investigation is still going on to find out more supporting facts and evidence and supplementary Charge-sheet will be filed, as per the provision of Section 173(8) Cr.P.C.

Thereafter, the learned Court below, complying the provision of Section 207 Cr.P.C., and thereafter hearing the learned Advocates of both the sides, vide impugned order dated 20.12.2021, had framed charges against the accused Lishi Roni, Damreit Khoiyang, Dathang Suyang, Kapwang Letey Lowang and Taney Khoiyang under Section 120B/302/316/201 read with Section 34 IPC, and on bein