DHIRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application has been filed for quashing the order dated 2.2.2009, passed in Barbigha P.S. Case No. 07 of 2008 arising out of a complaint case filed under Sections 109, 120B and 306 of the Indian Penal Code and order dated 23.11.2009, passed by the Additional District and Sessions Judge, Fast Track Court No. III, Sheikhpura.

(3.) An occurrence took place on 18.10.2007 in which the petitioner No. 1 was the informant. The deceased is the son of the informant. The allegation is that at about 6:30 p.m. when the informant was in the house, the named accused persons four in number began to abuse him and it is specifically alleged that Satish Singh fired with a pistol which hit his son Narayan Kumar on the head. The wife of the petitioner No. 1, the petitioner and others rushed the boy to the P.M.C.H. where he finally died on 28.10.2007 at about 7 p.m. The First Information Report was instituted on 20.11.2007. Chargesheet was submitted and cognizance has been taken in this case. On 1.12.2007 the complaint was filed by one Ram Gulam who claimed at paragraph 4 of the complaint petition that Narayan Kumar (deceased) had taken a taxi from him on hire for two days and this complainant had gone to the house to take the advance. It is said that when he reached the house of Narayan Kumar he saw that petitioner No. 1 and his wife, petitioner No. 1 of Cr.Misc. No. 46169 of 2009 were abusing Narayan Kumar and the other accused persons i.e. Mantu, Manish and Shambhu Sharan who were allegedly present with Ram Gulam claim to have heard the abuses. It is said that Narayan Kumar was asking them to pay the taxi fare to get his wife home, whereas petitioner No. 1 Dhirendra Singh asked his son to get her home by train or bus. It is alleged that Narayan Kumar insisted that he wanted to bring his wife by a hired car, whereupon his father pushed him out of the house into the courtyard and told him that when he starts earning money then he can being his wife in a reserved car, upon which it is said that Narayan Kumar went into his room took out a pistol and fired on his own head. On the basis of the aforesaid facts, the complaint case was instituted.