SITA RAM PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal miscellaneous petition filed under section 482 of the Code of Criminal Procedure raises certain questions of general importance as regards the investigation of cases and trial in the State of Bihar.

(2.) The marriage between the petitioner and one Munni Devi took place on 17-6-2014 and they were blessed with children. Munni Devi suffered serious burn injuries on 11-11- 2010, and she died on 15-11-2010 while undergoing treatment. The father of the deceased woman Munni Devi submitted a complaint before the concerned police station alleging that his daughter was put to death by the petitioner herein.On the basis of the same, Masrak P.S. Case No. 26 of 2011 was registered only on 26-3-2011. The Chief Judicial Magistrate, Saran at Chapra, took cognizance of the offence punishable under section 304(B)/34 of the Indian Penal Code through his order dated 21-6-2012. The said order is challenged in this criminal miscellaneous petition filed under section 482 of the Code of Criminal Procedure.

(3.) Learned counsel for the petitioner submits that the dying declaration of Munni Devi was recorded in the afternoon of 12-11-2010 by the Station House Officer(SHO) of the Masrak Police Station and in that declaration, Munni Devi has clearly stated that she suffered injuries due to flame that emanated from the stove, at the time of preparation of tea and that no one is responsible for the same; in that view of the matter, the very basis to register the case against the petitioner, does not exist.