SUMITRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.5. In this application filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in paragraph - 1 is as follows : -

(2.) ONE Sanjiv Kumar (Respondent No.5) submitted a written report to the Officer -in -Charge, Sitamarhi Town Police Station on 06.05.2012 pursuant to which Sitamarhi P.S.Case No. 303 of 2012 was registered under section 302 read with 34 of the Indian Penal Code and 27 of the Arms Act against the petitioner and others unknown. It has been alleged in the written report submitted by respondent no.5 Sanjiv Kumar that on 06.05.2012 at around 7.30 p.m. the petitioner and two other unknown criminals intercepted his father while he was proceeding towards the northern lane on his motorcycle after collecting the revenue from Gudri Bazar, Sitamarhi. It is said that on receiving instructions from the petitioner, other two unknown criminals took out pistol from their pocket and fired 3 -4 rounds of gun shots on the chest of Kashi Prasad (father of respondent no.5 Sanjiv Kumar) whereupon he fell down. The informant further claimed that since he was following his father, he could witness the occurrence and identify the petitioner. He further claimed that he can also identify other two unknown criminals as he had seen them in the lights of the shops situated at the place of occurrence. The informant has also attributed the motive for the alleged incident against the petitioner. He has stated that apart from the contract of Gudri Bazar the deceased also used to deal in sale and purchase of land. In this connection his ten lakhs rupees was due against the petitioner and since his father was asking for payment of the aforesaid sum, the petitioner designedly got him murdered with the intent to misappropriate the aforesaid amount of rupees ten lakhs.

(3.) IN respect of the same incident, i.e. the murder of father of respondent no.5, namely, Kashi Prasad, a complaint case, bearing Complaint Case No.C1 -719 of 2012 was filed on 08.05.2012 by the petitioner stating therein that on 06.05.2012, when she had gone to Gudri Bazar, she saw Jitendra Prasad, Randhir Prasad, Pawan Prasad, Ashok Kumar Gupta, Dharmendra Prasad, Pappu Prasad, Sanjiv Kumar and others surrounding one Kashi Prasad (deceased) and abusing him for becoming witness in a case lodged by the petitioner. The aforesaid accused persons were also threatening to kill him. In the meantime, Sanjiv Kumar, son of Kashi Prasad took out a pistol saying that he should not have taken the contract of Gudri Bazar, whereafter he fired upon him. As a result, Kashi Prasad fell down and other accused persons also started firing upon him and when people gathered on hearing the noise of firearms, the accused persons fled away by resorting to repeated firing. It has been further alleged in the complaint that some dispute was going on between Kashi Prasad and his son Sanjiv Kumar for quite some time. In fact, Sanjiv Kumar had made several attempts to kill Kashi Prasad, whereafter he had to leave his house and stay as a lessee of the petitioner. The accused persons were also enraged with Kashi Prasad as his name figured as a witness in a criminal case instituted by this petitioner against accused persons, who had unauthorisedly occupied her house. These accused persons also aided Sanjiv Kumar in applying for tender of Gudri Bazar against his own father Kashi Prasad. Sanjiv Kumar was ready to pay upto Rs. 10 lakhs to get the contract, which was finally given to his father Kashi Prasad on account of his offer of Rs.16.5 lakhs. This tender rivalry further aggravated the dispute between the two. This being the backdrop, Sanjiv Kumar and others designedly murdered Kashi Prasad to gain immediate control of Gudri Bazar and other properties as well. Since Kashi Prasad always rescued the petitioner, his murder had also emboldened the accused persons to consolidate against her. The petitioner first approached the police in this regard but when they refused to lodge the case on the statement of the petitioner, she ultimately filed the complaint petition in the court of learned Chief Judicial Magistrate, Sitamarhi.