RAKESH JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE these two applications filed under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail relate to Crime No. 152 of 2001 and offences punishable under Sections 302, 394, 201 and 120B were registered by the Police Station, Kota, District Bilaspur, they were heard analogously and are being disposed of by this common order.

(2.) THE facts giving rise to this application are that at about 8.00 AM on 20.05.2001 a report was lodged at Police Station Lormi by one Manish Dadsena that his father Jawahar Dadsena, who had left for Bilaspur via Kota -Ratanpur on 19.05.2001, had not returned to Lormi nor his whereabouts were known. Subsequently, on 23.5.2001 the Sarpanch of Village Nawapara -Jogipur Smt. Kuntibai informed the Police Station Kota that a body of unidentified person aged about 45 years was lying in the agricultural field belonging to Bhagbali. On the basis of this report, Marg No. 32/2001 was registered by Police Station Kota. The Police reached the spot and a panchnama of the unknown body was drawn up. Later the body was identified to be of the missing person, Jawhar Dadsena. Finding the death to be unnatural, Crime No. 152/2001 was registered for an offence under Section 302 of Indian Penal Code.

(3.) ACCORDING to the prosecution, deceased Jawahar Dadsena, Latel and Punni were three brothers. Eldest son of Latel was married to Tripti, who is the sister of the accused -applicant Rakesh Jaiswal. Because of the attitude of the said Tripti there were frequent quarrels and altercations in the family, which ultimately separated as the deceased, though a younger brother, was treated as head of the family, Tripti had a grudge, which led to frequent quarrels. The marriage of nephew of the deceased Rajkumar was settled and the deceased, which was also not liked by the said Tripti, made all arrangements. According to the prosecution, the deceased usually went to Bilaspur in connection with his business on Fridays and Saturdays. On 19.5.2001 he had a discussion with his brother -in -law Ramesh over the telephone who had asked him to go to Bilaspur via Ratanpur to show the horoscope to the Priest at Ratanpur. On coming to know about this, Tripti informed her brother Rakesh Jaiswal about the programme, who at that time was posted as Chief Municipal Officer at Kota. It is the prosecution case that while the deceased was passing through, accused Jay Yadav, who has since been released on bail by the Sessions Judge, Bilaspur, signalled the deceased to stop and asked him to go to the residence of the Chief Municipal Officer (accused -applicant) for a cup of tea. Inside the quarters of the applicant, there was some altercation due to which the applicant -accused along with the help of his 'Sadu' said to be Ravindra Kela (applicant in M.Cr.C. No. 793/2002), who is the co -brother of the applicant Rakesh Jaiswal, assaulted the deceased with a Gupti, which resulted in his death. The body was shifted to the residence of accused Jay Yadav. Thereafter, as per plan accused Rakesh Jaiswal went on a picnic. On the night of 20th May, 2001 one Mangal along with Jay Yadav removed the body of the deceased from Jay's quarters and threw it in the agricultural field from where it was recovered. A statement of Shantibai, who is stated to have seen Jay Yadav signalling the deceased to stop, has been recorded. She has also stated that on 20th night she had seen accused Jay Yadav and Mangal on a tractor, which returned late in the night. It is alleged by the prosecution that a black coloured Motor Cycle (Splendor) was seen in the office premises. The Gamcha and Gupti have been recovered on the basis of a memorandum of accused Jay Yadav.