NAND KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application u/s. 482 of the Code of Criminal Procedure at the instance of all the five persons impleaded as accused in Complaint Case No. 908C/2003 is for the quashing of the order dated 24.1.2006 passed in Cr. Revision No. 306 of 2006 by Sri Vijay Kumar Jain, learned Presiding Judge, Fast Track Court No. -III, Begusarai, whereby while allowing the Revision he has set aside the impugned order dated 18.9.2004 passed by the learned Sub -Divisional Judicial Magistrate, Begusarai, in the aforesaid complaint case dismissing the complaint u/s. 203 of the Code of Criminal Procedure and the consequential order dated 30.6.2006 following the revisional order dated 24.1.2006 whereunder cognizance u/s. 304A/34 of the Indian Penal Code has been taken against the petitioners.

(2.) THE case of the complainant as unfolded in the complaint petition filed by one Ram Binay Yadav inter alia is that the marriage of his sister, Bimal Kumari was solemnized with Nand Kishore Yadav, son of Ram Prakash Yadav of village Kumbhi within Bariyarpur P.S. in the District of Begusprai whereafter she left for her marital home at Kumbhi. It is alleged that after sometime the husband, father -in -law and dewars Hemnath Yadav and Rambabu Yadav started pressurising her to bring gold and cash apart from a mo torcycle from her father and brother by way of dowry and for the non -fulfilment thereof she was subjected to various forms of cruelty including assault, being locked in the room and making her starve for days together. It is also alleged that on a few occasions she used to be ousted from her sasural when she came over to her naihar and following panchayati she would return to the marital home only to be subjected to further cruelty. The two sons and a daughter born out of the wedlock had also come under the influence of the accused persons. It is alleged that in the year 2001, Bimal Kumari was severely assaulted and dispatched to her naihar. It is also alleged that it transpired from a letter written by Nand Kishore Yadav to his brother, a copy whereof was annexed to the Complaint Petition, that it was from that moment it had become their intention to do away with Bimal Kumari. The further case is that Nand Kishore and his brother carried on business in Gugai Salem in the State of Tamil Nadu where Bimal Kumari was taken under a conspiracy hatched by the accused persons and there too she was subjected to various forms of torture. Later on, i.e., 6.6.2003, it is alleged, that the complainant received information from Gugai Salem that his sister had been murdered in consequence of a conspiracy hatched at Kumbhi. The complainant claims to have gone first to Kumbhi and then to Gugai Salem and made enquiries regarding the death of his sister from the accused persons but they avoided giving satisfactory answers. The complainant was sanguine that his sister was killed in consequence of a conspiracy of the accused persons. He claims to have submitted a written report to the Police at Cheria Bariyarpur and also to the higher police personnel for registering a case but the same did not evince any response. It appears that the learned Sub -Divisional Judicial Magistrate after an inquiry u/s. 202 of the Code of Criminal Procedure dismissed the complaint u/s. 203 of the Code of Criminal Procedure but the complainant preferred Criminal Revision No. 306 of 2006 against the order of dismissal which was allowed vide order dated 24.1.2006 passed by the learned Presiding Judge, Fast Track Court No. -III, Begusarai who remanded the matter back to the trial court for further inquiry and fresh orders. What appears to have weighed with the learned Presiding Judge was that all the witnesses of the complaint examined at the inquiry had supported the complainant 'sversion and in that view of the matter the inquiring court was not justified in dismissing the complaint.

(3.) THE short point which falls for consideration is whether the court at Begusarai in the facts and the circumstances of the case had territorial jurisdiction to take cognizance of the offence u/s. 304A/34 of the Indian Penal Code. when admittedly the death of Bimal Kumari had taken place in Gugai Salem in the State of Tamil Nadu.