UMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 17th February, 2000, one Vijay Singh, brother of Bharat Singh (deceased) and Damodar Singh, who was an independent candidate in the elections to the Bihar Assembly, lodged a First Information Report with Maharajganj Police Station which was recorded as Maharajganj P.S. Case No. 14 of 2000. In the said F.I.R. it was indicated that Damodar Singh, the informants brother was contesting the elections to the Bihar Assembly as an independent candidate. While the polling of votes was in progress, Bharat Singh was sitting in the Election office when he received information that bogus votes were being cast at a particular booth and upon hearing a bomb explosion at about 11.30 a.m., he proceeded to the place where the incident was taking place. According to the F.I.R. version, the informant reached the place in a jeep while Bharat Singh followed him on a motorcycle. On reaching the place they were informed that a boy had sustained injuries and had been rushed to the Maharajganj State Hospital for treatment.

(2.) When they were leaving the hospital premises, Uma Shankar Singh who was a candidate of the Samata Party in the Assembly election, and his son Jitendra Swami, accompanied by some unknown persons armed with different weapons, arrived at the place of occurrence and on the orders of Uma Shankar Singh, his son Jitendra Swami pulled down Bharat Singh from his motorcycle, pushed him into his car and drove out to an unknown destination.

(3.) Initially, the FIR was lodged under Section 364/34 IPC, but after the body of Bharat Singh was found, Sections 302, 291/34 IPC and Section 27 of the Arms Act were also added. The matter created a lot of turmoil which resulted in the investigation being transferred to the CID. The informant, Vijay Singh, becoming unnerved by the said decision of the State Government, challenged the same in Crl. W.J.C. No. 288 of 2000, which was disposed of by the High Court on 9th April, 2001, upon observing that the matter appeared to be a fight between two political personalities and when investigation had already been completed by one agency and was also to be completed by the CID, the question would arise as to whether the investigation report under Section 173(2) Cr.P.C. would have to be filed both by the first investigating agency and also by the CID. The High Court directed the CID and the Superintendent of Police, Siwan, to submit their reports to the concerned Chief Judicial Magistrate within two months from the date of the order and upon such report being submitted, the Chief Judicial Magistrate was directed to proceed according to law after considering both the reports and the case diary.