JOKHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE petitioner is aggrieved by the order of cognizance dated 16.6.2006 in Chausa P.S. Case No. 73/1998/G.R. No. 73/1998 registered under Section 304 of the Penal Code pending before the Judicial Magistrate, 1st Class, Madhepura. Learned Counsel submits that Chausa P.S. Case No. 6/1995 came to be lodged on 19.1.1995 by the petitioner under Section 304 of the Penal Code. The petitioner went to arrest a person against whom there were warrants of arrest. An altercation ensued at the time of arrest when the villagers also chased the absconder who was frail suffering from tuberculosis and leading to his death. Final Report then came to be submitted against unknown in the light of the Post Mortem Report. The deceased was an absconder in several cases details whereof are mentioned in Para 18 (i) to (ix). The final report came to be accepted by the court below and the matter was closed.

(3.) FOR the very same occurrence Chausa P.S. Case No. 73/1998 then came to be registered on 29.8.1998 by the CID on the allegation that during investigation it had transpired that it could not be established that the deceased was suffering from tuberculosis or that he was assaulted by unknown villagers at the time of arrest. On the contrary certain witnesses had stated that the deceased died on account of assault by the petitioner.