BHRIGUNATH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. This is an appeal under Section 14(A) (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 against refusal of the prayer of the appellant, by the learned Special Judge, Munger, in connection with Sessions Trail No.19 of 2016, to supply the referred document under Section 207 Cr.P.C.

(2.) The impugned order would reveal that the prayer has been refused mainly for the reason that the required document was not submitted with the police paper nor the same was available on the record.

(3.) Contention of the learned counsel for the appellant is that Annexure-7 is inquest report of deceased Patna High Court CR. APP (SJ) No.453 of 2018 dt.16-04-2018 Sunny Kumar, Son of Upendra Paswan prepared on 25.04.2016 by Sub Inspector of Police Barari police station. In the inquest report, it is written at the top that Fardbeyan of this case dated 25.04.2016 has been recorded by the Officer Incharge of Haweli Kharagpur Police Station, whereas the present prosecution arises out of Munger SC/ST P.S.Case No.19 of 2016, a case under Section 302/34 of the Indian Penal Code. Contention is that if the earlier Fardbeyan would have been available, it would have made clear that earlier Fardbeyan recorded by Haweli Kharagpur P.S. was consistent with the present Fardbeyan lodged by the same informant or there is some development in the present Fardbeyan. The non-availability of the earlier Fardbeyan would cause prejudice to the appellant in the trial.