KEDAR TURHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) With the help of this writ petition, made under Articles 226 and 227 of the Constitution of India, the petitioner herein, who is informant of Mairwa Police Station Case No.184 of 2014, seeks directions to be issued for taking appropriate action against Mantu Sahi @ Vijay Pratap Sahi and Deepak Sahi, who were named as accused in the First Information Report along with seven other accused persons, but they were not sent up for trial, while submitting the police report (charge sheet) No. 193/2014, dated 30.11.2014, in spite of specific accusations made against them not only by the eye witnesses, but also by the injured persons. The petitioner further seeks that the statement of the injured, who subsequently succumbed to the injuries, be treated as dying declaration by directing respondent No.1, namely, the Director General of Police, Bihar, to look into the matter afresh.

(2.) Let me take notice of the material facts, which has given rise to this writ petition. On the basis of a fardbeyan lodged by the present petitioner, i.e., the informant, Mairwa Police Station Case No.184 of 2014, under Sections of the Indian Penal Code and Section 27 of the Arms Act, 1959, was registered against nine persons, namely, Mantu Sahi @ Vijay Pratap Sahi, Deepak Sahi, Tribhuwan Sahi, Lallan Singh, Binod Singh, Pappu Kumar, Rudal Singh, Bunty Singh and Guddu Singh, the case against the accused being, in brief, thus,

(3.) Though the informant had made specific allegation against Mantu Sahi @ Vijay Pratap Sahi, as accused No.1, Deepak Sahi as accused No.2, the police by ignoring the statements of witnesses, namely, Ram Nagiga Turha, Usha Devi, Suman Devi, Veer Prakash Prasad, and also the statement of the injured, who had succumbed to the injuries, submitted charge sheet only against seven of the accused persons, exonerating by way of a final report, the remaining two accused, namely, Mantu Sahi @ Vijay Pratap Sahi and Deepak Sahi, on the ground that the said two accused could not have been present at the place of occurrence inasmuch as one of them was lying in a hospital and the other one was attending the coaching institute.