RAGHUBAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) : In the month of July, 2004 as the gurgling flood waters devastated areas under Kalyanpur P.S., Nand Kumar Thakur alias Ghuran Thakur, a Member of the Panchayat Samiti , though reported to be sick was taken away by boat at around 11 A.M. on 15th July, 2004 by Mukhia , Raghubar Roy, Vimlesh Kumar Gupta, Kailash Roy, Biral Roy, Kamod Paswan, Ashok Kumar Roy and Sikandar Roy and four other unknown persons on the pretext that the relief materials from the block could not be given to them in his absence because he was a Member of the Panchayat Samiti and the people under the panchayat were dying of starvation and thereafter he never returned home and no trace could be found. Accordingly, Nirmala Devi, wife of Nand Kumar Thakur alias Ghuran Thakur, submitted a written report before the Officer Incharge, Kalyanpur P.S. on 23.7.2004 on the basis whereof Kalyanpur P.S. Case No.90 of 2004 was registered against the seven persons aforesaid under Sections 364/120 -B/34/302 I.P.C.

(2.) BRIEFLY stated, the prosecution case as culled out from the written report of the informant is that at about 10 A.M. on 15.7.2004 while her husband, her dewar, Chandrakant Thakur, brothers -in -law, Binay Kumar Thakur and Bipin Kumar Thakur were sitting at the darwaza along with her, Vimlesh Kumar Gupta, Kailash Roy and boatman Biral Roy, came to the darwaza by boat and informed that Mukhia, Raghubar Roy, had called him to bring materials of flood relief and distribute the same. It is said that since her husband had fever, he refused to go but an hour later at about 11 A.M., Mukhia Raghubar Roy, himself accompanied by Vimlesh Kumar Gupta, Kailash Roy, Biral Roy, Kamod Paswan, Ashok Kumar Roy, Sikandar Roy and four other unknown persons came over by boat to their darwaza and requested him that since he was a member of the panchayat samiti, the relief materials could not be released from the Block Office in his absence and the people would starve to death and when her husband expressed his inability on account of his illness to accompany them, Raghubar Roy said that he would get him examined by a doctor and even though the husband refused to accompany them, all the persons took him away against his will by boat to Kalyanpur block. It is said that when her husband did not return home till 7 P.M., she sent her dewar and both the brothers to the house of Raghubar Roy to know the whereabouts of her husband but it was learnt that Raghubar Roy had not returned till then. Other attempt was made at 10 P.M. when it was again found that Raghubar Roy had not returned. On the following day, her dewar and brothers again went to the house of Raghubar Roy to enquire about Nand Kumar Thakur and they were given to understand by Raghubar Roy that Nand Kumar Thakur had returned to his house in the night itself by another boat. Thereafter hectic search was made for Nand Kumar at the houses of the friends and relatives but no trace could be found. The putrefied and decomposed dead body was subsequently recovered.

(3.) THE informant further stated that her husband used to go to cattle mart held on his own lands near Durga temple in village -Janardanpur where cows and buffaloes were sold on every Tuesday and Raghubar Roy was demanding this plot of land to be given to him on contract for realization of money but her husband had refused which caused annoyance to Raghubar Roy. On this premise the informant expressed her suspicion and apprehension that the accused persons by hatching a conspiracy had kidnapped her husband and killed him on the pretext of distributing flood relief materials and in order to conceal the dead body had thrown it into the flood waters.