MANOJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order dated 09.09.2011 passed by First Additional Sessions Judge, Datia in Criminal Revision No. 71/2011 arising out of order dated 15.7.2011 passed by Chief Judicial Magistrate, Datia in Criminal Case No.667/2009 by which an application under Section 190 of Cr.P.C. filed by the prosecution for taking cognizance against the applicant for offence punishable under Section 306 read with Section 34 of IPC was allowed.

(2.) The prosecutions' story in short is that on 29.1.2009 at about 16:00, the dead body of an unknown boy aged about 18 years was found on the railway track. Information to police was given by one Ram Singh, the Gang Man, who was on patrolling. On the basis of the information given by Ram Singh, Dehati Merg Intimation was registered. The dead body was sent for postmortem. After the postmortem, the dead body was buried on 31.1.2009.

(3.) On 30.1.2009, Chandrabhan Singh, lodged a Missing Person Report in Police Station Kotwali, Daita. It was alleged that his younger brother had left the house for getting his pant darned. At the shop of Goswami, he came to know that his brother was beaten by Rinku Goswami and the applicant gave a telephonic information to the family members that Daulat Singh Dangi is sitting in his shop. After getting information from his family members, he immediately went to the shop of Goswamiji, where he was informed that his brother has already left. Thereafter, they searched for Daulat Singh Dangi at various places, however, his whereabouts could not be known. Therefore, a Missing Person Report was lodged. Later on, Virendra Singh identified the shoes, clothes belonging to the deceased as that of his nephew Daulat Singh (deceased). At the request of Virendra Singh the dead body was digged out. Thereafter Chandrabhan Singh identified the dead body as that of his brother Daulat Singh. DNA test of the dead body was also got conducted and according to DNA test report the deceased Daulat Singh was Biological son of Malkhan and Rajeshwari.