MOST.BINDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been preferred against the order dated 12.7.2005 passed by the 1st Additional Sessions Judge, Motihari in Criminal Revision No. 169/2003 thereby the learned Additional Sessions Judge has set aside the order of cognizance dated 24.5.2003 passed by Sri P. N. Prasad, Judicial Magistrate, 1st Class, Motihari in Complaint Case No. 947/2002, Trial No. 164/2003. The learned Magistrate after inquiry under Section 202 of the Code of Criminal Procedure had taken cognizance against the opposite party Nos. 2 to 12 under Sections 147, 148, 325, 302/34 and 120 -B of the Indian Penal Code.

(2.) THE petitioner is widow of deceased Harendra Singh. She filed complaint on 6.6.2002 before the Chief Judicial Magistrate, East Champaran, Motihari bearing complaint case No,, 947/02 against fifteen persons including opposite parties under the above Sections of Penal Code, Opposite party Nos. 2 to 10 are police personnel and at the relevant time, they were posted at Kesharia Police Station. Opposite Party Nos. 11 and 12 are co -villagers of the complainant. The case of prosecution in brief is that the victim Harendra Singh was aged about forty years and was well abled and healthy man. He had been implicated in some criminal cases at the instance of his co -villagers. At the relevant time he was working outside the State and due to that he had no knowledge of pendency of criminal cases. On 31.5.2002 he had came to village in connection with marriage of his daughter. At about 10 A.M. he was resting on Machan situated by the side of his house. In the meantime, some villagers informed the local police about the presence of the victim. It is alleged that all the police -accused came to village. The police and co -villagers caught the victim and assaulted him by Danda, fats and fists. The police thereafter, brought him in Police Station, locked him in Hajat and brutally assaulted him, as a result of which he became unconscious. Ultimately, while he was being shifted to Motihari hospital by the police, he died on the way. The petitioner, who is widow of the victim, claims hereself as eye witness along with some other relations and villagers.

(3.) THE learned Chief Judicial Magistrate, Motihari after examining the complainant on oath transferred the complaint case to the Court of subordinate Magistrate. The Magistrate in course of inquiry examined five witnesses. Photo copy of post mortem report and inquest report were also brought on record. The Magistrate ultimately took cognizance against Opposite Parties. Out of fifteen accused persons the Magistrate took cognizance only against eleven persons and the rests were discharged.