KAILASH CHANDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for quashing the order dated 17.8.1992 passed by Sri K. D. Mishra, 3rd Addl. District and Sessions Judge, Deoghar in Sessions Case no. 77 of 1992 arising out of Sarath P.S. Case No. 58 of 1991 dated 23.4.1991 under section 364/34 of the Indian Penal Code whereby the learned court below has rejected the application of the petitioner under section 227 of the Code of Criminal Procedure for discharge. 4/1/2013 Page 60 Dudh Nath Upadhyay,Sheo Shankar Rai,Bharat Prasad Singh Versus State Of Bihar

(2.) THE contention of the learned counsel for the petitioner is that the petitioner has not committed any offence, much less, the one as alleged in the present case. He has falsely been implicated in this concocted and false case for extraneous consideration, as is apparent from the first information report itself.

(3.) AS such, according to the learned counsel for the petitioner, there was no cause for the petitioner to get his son -in - law murdered. It has been accepted that the petitioner sent an information to his Samadhi about the examination of his daughter and called Naresh Chandra Mandal and sent his daughter to take examination along with her husband, his son, daughter -in - law, elder daughter and elder son -in -law. The petitioner being a school teacher could not accompany them due to his duties. After the examination was over all the persons returned but the son -in -law of the petitioner did not return back.