SANTOSH PARUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under section 401 read with section 482 Cr. PC is directed, against the order dated 23.03.94 passed by the ld. SDJM, Diamond Harbour, South 24-Parganas in G.R. Case No. 430/90 arising out of Pathar Pratima P.S. Case No. 15/90 under sections 302/201 IPC.

(2.) The circumstances leading to the above application are that on the basis of a complaint that on 16.04.90 at about 2.00 hrs. Bhabani Parua, wife of present petitioner No. 1 was missing from her matrimonial home and subsequently her deadbody was found on 17.04.90 at about 8.40 hrs. floating in the adjoining pond in decomposed condition with throat-cut injury, Pathar Pratima P.S. Case No. 15/90 under sections 302/201 IPC was started. Petitioner No. 1 on being arrested was produced on 20.04.90 while petitioner No. 2 surrendered before the ld. Court below on 24.04.90. After completion of investigation chargesheet being No. 50 dated 26.09.93 was submitted against the petitioners under section 201 IPC on 19.01.94.

(3.) Since the investigation was not completed within the statutory period i.e. 20.04.93, the petitioners filed an application under section 167(5) praying for discharge which was rejected by the ld. Court below by the impugned order.