TARINI SEN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners/accused -persons for quashing of the Order dated 9.11.1998, whereby and whereunder the learned Chief Judicial Magistrate took cognizance for the offence under Sections 302/34 and 201 of the Indian Penal Code in connection with G.R. Case No. 1523 of 1997 corresponding to Potka PS Case No. 56 of 1997.

(2.) The prosecution case in brief as alleged that one Ratanlal Das lodged an F.I.R. alleging therein that one Susan Kewat informed him that his brother Gangadhar Das died in the night due to fall of the wall and his dead body is lying at Jadogoda hospital. On this information, he went to Jamshedpur and after postmortem, he came back to the village. Thereafter, the dead body was cremated. It is further alleged that after completion of funeral ceremony, one Dhan Singh Dutta disclosed that his brother actually was killed by the petitioners and his death did not occur due to fall of the wall. Thereafter, the Informant enquired from his Bhabhi who was scared and she narrated the incident that on 5.8.1997 at p.m. the accused -persons/petitioners had murdered and his brother (deceased) was also raising alarm at that time. One Dilip Kewat also raised hulla and thereafter she went there and saw that the petitioners, Bijay Manjhi and Kuna Das caught hold of Dilip Kewat and other accused -persons were assaulting his brother. The petitioner Rabi Kinkar Das was pressing the neck and other accused -persons were assaulting with boulder, Thereafter, his Bhabhi started crying but she was taken forcibly to the room and the accused -persons also threatened that she along with her children would also be killed, if raised hulla. Thereafter, the F.I.R. was lodged.

(3.) The police investigated the case and after investigation the police submitted final report showing 'mistake of fact'. The Opposite party No. 2/Informant had filed a Protest petition in the Court below claiming therein that the investigation has not been done properly and even in such a serious offence, the police has not arrested any of the accused -persons, nor any proper step was taken by the police.