RABINDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been preferred for setting aside the order dtd. 21/3/2018 passed by the learned Additional Sessions Judge - VII, Patna in Sessions Trial No. 695 of 2012, whereby and whereunder, the petition dtd. 17/1/2018 filed by the petitioner under Sec. 311 of the Cr.P.C. for issuing summon to Investigating Officer, Boondi Manjhim Inspector C.I.D. Patna, who had also made some investigation of the Kotwali P.S. Case No. 26/11 and also for brining out certain documents on record under Sec. 91 of the Cr.P.C., has been rejected.

(2.) Prosecution case as per the fardebyan of the informant Yogendra Rai in short is that in the night of 22/1/2011 around 12 AM to 1 AM, while the informant, his wife and sleeping in the house, Patna High Court CR. REV. No.583 of 2018 somebody knocked the main door and when the informant opened the door, he named two accused persons, namely, Vijay Kumar Mishra and Fuleshwar Yadav, who forcibly entered into the house followed by seven other named accused persons and three four unknown persons started asking about the documents related to land and when the informant denied, they tied his hands, legs and wrapped his mouth by towel and fastened him with the supply pipeline in the bathroom and also assaulted him badly. Thereafter, accused Vijay Kumar Mishra started enquiring about the papers of the land from the wife of the informant to which she protested and refused to hand over the papers of the land. When asked from the eldest son of the informant, namely, Amit Kumar, he showed them a box containing the papers, they broke open the lock of the box and took away the papers of land along with receipt of four lacs rupees, which was paid to the named accused Vijay Kumar Mishra as advance for the purchase of one piece of land, cash worth Rs.1,80,000.00 ( One Lac Eighty Thousand) and also jewellery worth Rs.70,000.00 (Rs.Seventy Thousand). Informant after his release saw his wife dead having sharp cut injury around her neck.

(3.) It appears that while the case was under investigation by the local police, the wife of the accused Fuleshwar Yadav, namely, Rama Devi filed an application before the C.I.D, stating therein that the local police is not investigating the case in right perspective and requested for investigation of the case by C.I.D. Pursuant to the said application of Rama Devi and others, the case was handed over to Sri Boondi Manjhi, Inspector of Police, C.I.D. by Superintendent of Police, C.I.D. In the meanwhile, the local police submitted charge- sheet in the case on 30/6/2012 against all accused persons named in the F.I.R. under Sec. 302, 380/34 of the Indian Penal Code.