LAWS(PAT)-2016-9-113

MISHRILAL, SON OF LATE MURAT LAL, RESIDENT OF MARIAM COLONY, NEAR XAVIER TEACHERS TRAINING SCHOOL, POLICE STATION Vs. THE STATE OF BIHAR

Decided On September 21, 2016
Mishrilal, Son Of Late Murat Lal, Resident Of Mariam Colony, Near Xavier Teachers Training School, Police Station Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant appeal is preferred against the judgment of acquittal, dated 04.03.2015, passed by the Additional Sessions Judge-X, Patna, in Sessions Trial No. 530 of 2001, arising out of Digha P.S. Case No. 175 of 1999, whereby, the learned trial Court has acquitted the Opposite Party Nos. 2, 3 and 4 of the charge under Sec. 305 of the Indian Penal Code.

(2.) The informant in his fardbeyan, made on 06.12.1999, stated that the opposite parties Nos. 2 to 4 came and assaulted him on 05.12.1999, when he protested against their evil designs towards his daughter. The informant reported the matter to the Police and he was taken to hospital for treatment. When he returned from hospital, he learnt that the accused have, again, held out threats to his daughter against marrying any other person. The informant further stated that on 06.12.1999, when he was reading newspaper and his wife was engaged in the kitchen, he began to look for his daughter, who was not seen around. On search, he found that his daughter had hanged herself from ceiling of her room. With the help of neighbours, the door was broken and the deceased was brought down, who had hanged herself from the ceiling. The informant alleges that his daughter had committed suicide, because of torture meted out by the accused persons.

(3.) On the basis of the fardbeyan of the informant, the Police registered Digha P.S. Case No. 175 of 1999, dated 06.12.1999, under Sections 305/504 read with Sec. 34 of the IPC. The Magistrate, after taking cognizance, committed the case to the Court of Sessions where charge was framed under Sec. 305 IPC.