LAWS(PAT)-1999-12-111

PANKAJ KUMAR Vs. STATE OF BIHAR

Decided On December 16, 1999
PANKAJ KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This revision has been preferred by the informant (private party) against the judgment and order dated 16th April, 1994 passed by the Addl. District and Sessions Judge, Godda, in S.T. No. 196/93,49/93, acquitting the accused-opposite parties of the charges framed against them under Sections 302 and 201/34, IPC.

(2.) The informant-petitioner, lodged his fardbeyan before the Officer Incharge Poraiyahat, district Godda, on 24.2.1993, stating, inter alia, that on 23.2.1993, his brother Shyamal Kumar Gour of village Jarmundi had gone to Poraiyahat to bring their sister, Anita Kar. But their brother-in-law, Shyam Chand Kar and other family members did not allow her (sister) to go along with him. Their sister told his brother that her in-laws assaulted and threatened with dire consequences and asked her to fetch a sum of Rs. 5,000/- from Jarmundi. She further stated that every body in her sasural including, father-in-law, mother-in-law and her husband regularly made demand of the above amount. She requested her brother to take her back to Jarmundi. It was further alleged that Shyam Chand Kar, the husband of his sister, assaulted her in front of his brother.

(3.) It is further case of the petitioner that on 24.2.1993, he arrived at Poraiyahat along with his uncle, where he was told by several local persons including Prahalad, Nimai Sen, Subodh Chandra Kar, Biswanath Kar and others that his sister, who was pregnant, was killed by her husband, Shyam ChandraKar, and other family members and her dead body was cremated on 23.2.1993 at 8 p.m. Thereafter, the informant went to the police station and his fardbeyan was recorded and the case was registered and charge-sheet was submitted under Sections 304-B, 498-A, 201 and 34, IPC. After cognizance, the trial proceeded in the Court below.