RAMESHWAR YADAV Vs. STATE OF BIHAR THRU.CBI

JUDGEMENT

(1.) I have heard Shri Bishwanath Prasad Sinha, learned Senior counsel appearing for the petitioners and Shri Bipin Kumar Singh, learned counsel appearing for the C. B.I.

(2.) SKELETAL facts of the case may be noticed. The deceased Rajesh Kumar alias Raju was apprehended with some quantity of illegal liquor in his possession and as per the prosecution story, these five petitioners and others, while apprehending him, assaulted him with fists and sticks. The man was brought to the police lock up and put in there. The further part of the prosecution story is that the deceased was assaulted by accused Ajit Kumar Verma and Ajay Kumar Rai causing injuries to his head and eyes. After investigating the case fully, the C.B.I. submitted chargesheet against the five petitioners and some others as per details given in Annexure -A. The post -mortem examination on the dead body was initially held by Dr. Arun Kumar Singh (P.W. 17), Tutor, Department of Forensic Medicine, Patha Medical College Hospital and he noticed some ante mortem injuries on the dead body. Some injuries in some aggravated form were found by the Doctor on or around the left and right eyes, but still Dr. Arun Kumar Singh could not make up his mind to give a clear opinion as regards the cause of death and directed the viscera to be preserved. The viscera was chemically analyzed by the Forensic Science Laboratory, Patna, but the report could not indicate any definite conclusion as regards the death of Rajesh Kumar alias Raju. The investigating agency submitted the documents relating to the medical opinion and examination to the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, with a request to constitute a Board of Medical Experts to examine the reports and to finally give an opinion. The opinion was that the death had occurred on account of head injury and other injuries due to assault with hard and blunt substance. After concluding the investigation, the C.B.I. submitted chargesheet , which resulted into taking cognizance of the offence, u/s. 304 read with Sec. 34 of the Indian Penal Code and subsequently passing of the order dated 18.4.2007 directing framing of the charge under the above Section while rejecting the prayer of the petitioners to discharge them.

(3.) SHRI Bishwanath Prasad Sinha, learned Senior Counsel submitted that even accepting the prosecution case to be true on its face value, the petitioners are alleged to have assaulted the deceased with fists and sticks at the time of affecting his arrest. There is no allegation against the five petitioners that they were, in any way, concerned with assault to Rajesh Kumar alias Raju while he was put into the police lock up. The case is definite that two accused persons, namely, Ajit Kumar Verma and Ajay Kumar Rai were the persons who had caused injuries to the head and eyes of the deceased by assaulting him in the police lock up.