MD SHAHNAWAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred against the order dated 10.03.2015 passed by the Adhoc Additional District and Sessions Judge-IV, Araria in S.T.No. 1061 of 2008, arising out of Araria P.S.Case No. 71 of 2004, under Sections 302 and 120B of Indian Penal Code, whereby and whereunder petition dated 18.01.2011 filed by the learned public prosecutor, under Section 321 Cr.P.C., for according his consent to withdraw the prosecution against petitioners, was rejected.

(2.) The facts in short giving rise to the present case is that one Mehrunisha, to whom petitioner no. 1, Md. Shahnawaz happens to be nephew (Bhatiza), was murdered for which two cases were lodged. Said Mehrunisha was the fourth wife of Rashid Ansari and she was issueless. She had some landed property from her parent's side and her husband had greedy eyes over her property. When her husband and step sons came to know that she had gifted the said property to Madarsa and other charitable institution, they planned to kill her.

(3.) It is also the case of the petitioners that deceased's husband and step sons forced her to execute sale deed in their favour to which she refused. Thereupon, on the order of Rashid Ansari, his son killed her and she died in presence of petitioner no. 1. Accordingly, petitioner no. 1 lodged Araria P.S.Case No. 326 of 2003 and her husband Rashid Ansari was arrested at the spot and after investigation of the above case, charge sheet was submitted on 13.12.2003 vide charge sheet No. 272 of 2003.