CHANDRA KALIA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order of the Chief Judicial Magistrate, Nalanda, dated 30.3.1976 by which the learned Magistrate restored Complaint Case No. 301 (c) of 1975 which he had dismissed earlier.

(2.) The relevant facts for the purpose of this case are shortly these. On 13th of July, 1974 Chaukidar Hari Paswan gave an information at Silao (Nalanda) Police Station that at 9 p.m. he heard (hat a dead body was lying in village Nirpur. The Assistant Sub-Inspector of Police and some others went to village Nirpur and recovered a headless deadbody from the river. One Sheo Pd. Singh submitted a written report at Silao Police Station and on the basis of which a first information report under section 302/201 of the Indian Penal Code was drawn up against unknown persons. During the investigation it transpired at first that the deadbody was that of one Kapendra Singh, but after some time the said Kapendra Singh appeared before the Police. Subsequently it was alleged that the dead body was that of Sheobalak Chamar, brother of opposite party no. 2, Saukhi Chamar On 14.8.1975 the Police submitted final report in the case to the effect that the case was true but there was insufficient evidence.

(3.) Saukhi Chamar had filed a protest petition before the learned Magistrate on 28.10.1975. We are not ver / much concerned with this protest petition as on the same date, namely 28th October, 1975 Sankhi Chamar filed a regular complaint petition before the Chief Judicial Magistrate naming six persons including the petitioner as accused in the case. He alleged there was illicit connection between one Hari Narain and wife of the deceased and it was because of that the offence had been committed. Saukhi Chamar alleged that Hari Narain and others had taken away Sheo Balak from his home and Sheo Balak was not seen thereafter alive. Saukhi Chamar was examined on solemn affirmation on 29.10.1975. The learned Chief Judicial Magistrate directed the complaint to produce witnesses before him. It is alleged that two witnesses were produced on 12.12.1975 and the complainant also produced witnesses on 10.2.1976 but these witnesses were not examined. Thereafter, Saukhi Chamar failed to produce the witnesses before the learned Magistrate on several succeeding dates. On 30th of July, 1977, therefore, the learned Magistrate passed an order dismissing the complaint.