AMARESH KUMAR RAW SON OF CHATURBHUJ PRASAD RAW Vs. STATE OF BIHAR AND DULARI DEVI W/O LATE MAHENDRA PRASAD SINGH

JUDGEMENT

(1.) The six F.I.R. named accused of Rajoun P.S. Case No. 135 of 2005 have prayed for the quashing of the order dated 25.11.2006 passed therein by the learned Chief Judicial Magistrate, Banka, whereby he has taken cognizance against the petitioners under Section 302/34 I.P.C. after differing from the final report submitted by the Investigating Officer.

(2.) One Dulari Devi, impleaded herein as Opp. Party No. 2, filed Complaint Case No. 839 of 2005, which was transmitted to the concerned Police Station under Section 156 (3) Cr.P.C. and on the basis thereof Rajoun P.S. Case No. 135 of 2005 came to be registered against the petitioners herein under Section 302/34 I.P.C.

(3.) As per allegations made in the complaint petition at about 5.00 A.M. on 9.6.2005, petitioner Nos. 1 and 6 came to her house calling for her son, Kailash Singh, aged about 14 years, whereupon she is said to have informed them of his having gone out to answer the call of nature, on hearing of which they left. It is said that when her son did not return till 10.00 A.M. she went out searching for him and in course thereof she heard alarming cries. She went there and found an assemblage of people and her son lying dead. She suspected the hands of the petitioners who allegedly dashed her son to death. It is stated that her son was a labourer with the petitioners and as there had been some hassles over payment of wages, she had forbidden her son to work with the petitioners. It is alleged that although the police arrived at the place of occurrence at about 11.00 A.M., she informed them about the occurrence and although they took her thumb impression on a blank-sheet of paper, no action was taken which compelled her to file the complaint petition.