SUKHDEO PANSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these three petitions are different individuals while the respondents No.1 and 2 are common. Since all the above petitions arise from a common order dated 12.9.2018, impugned herein, passed by Special Judge (CBI), Jabalpur, in ST No.900486/2018, therefore, they are being disposed of by this common order. The Special court of CBI has allowed the application filed by the respondent No.2 under Sec.319 of the Cr.P.C., and all the petitioners are arraigned as an accused and summons ordered to be issued against them.

(2.) For the sake of convenience, the facts of M.Cr.C. No.39403/2018, are being mentioned, which are common in all the petitions.

(3.) Facts giving rise to the instant petitions, in short, are that Police Station Multai, Distt.Betul, received an information about the unnatural death of one Bondru Pardi,whereupon a merg case No.94/2007 dated 12.9.2007 under Sec.174 of the Cr.P.C., was registered; and the same time another information was received about the unnatural death of Dodarbai, wife of Bondru, who was found dead in the well of one Ajay Rao Deshmukh, on the basis of which merg case No.95/2007 dated 12.9.2007 was registered under Sec.174 of the Cr.P.C, at P.S. Multai, Distt. Betul. Both the merg cases were investigated by SDOP, Sarni, Distt. Betul, and this fact emerged that one lady belonging to Kunbis caste was raped and killed by Pardis on 9.9.2017. After that incident, Kunbis and Panwar community of the locality became violent and demanded the removal of Pardhidhana Basti, where the members of Pardhi community were settled and each given a plot to construct a house by the government. Some members constructed pakka houses and some constructed dwelling units. The respondent No.2 Alsia Pardhi was also the resident of Pardhidhana Basti. The persons of Kunbis and Panwar community constituted an unlawful assembly and destroyed the dwelling houses of Pardhidhana Basti, which was objected by some of the members of Pardhi community. After inquiry, the SDOP Sarni,submitted a report, registered as Crime No.643/2008 Dt. 25.9.2008 at P.S. Multai, for the offences punishable under Sec.147, 149 and 302 of the IPC. The respondent No.2 was not satisfied with the investigation of Crime No.643/2008 and alleged that some women of Pardhi community were raped by the assailants, and filed a write petition before Hon. the High Court, registered as W.P. No.15189/2007, which was finally disposed of with a direction that the case be handed over to the Director of Central Bureau of Investigation with a direction to take over the investigation of crime relating to the death of Bondru and his wife Dodarbai, and bring the investigation to its logical conclusion in accordance with the law.