KANT CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal application under Section 482 Cr. P.C. has been filed to quash the entire proceedings along with the order passed on 5.1.1993 onwards including the order to taking cognizance dated 15.2.1993 and also 2.3.1993.

(2.) The facts leading to this application, in brief, are as follows :

(3.) The fardbeyan of the informant Narbdeshwar Choubey was recorded on 3.9.1988 in between 11/12 in the night in the village hospital, where the dead body of his brother Dineshwar Choubey was also lying, wherein he stated, inter alia, that in the said night around 7.30 p.m. he was sitting at the roof of his house having torch in his hand. At that time his deceased brother Dineshwar Choubey was hearing radio in the court yard where a lantern was also burning. The family members of the house had gone for easing out and father and uncle of the informant were at the dalan. At that time Sri Kant Choubey. Tej Narain Choubey, Mahendra Choubey and Subhash Choubey each armed with a double barrel gun and Rama Shankar Choubey armed with a rifle came there and took out the wrist watch from the hand of the deceased. The accused Rama Shankar Choubey took his radio and asked whereabout of his brother (informant), at which his deceased brother replied, that Narbdeshwar Choubey is in the village. It is also alleged that apart from the aforesaid persons 6 to 8 other persons were also there. They forcibly broke open lock of the boxes kept in side the house and also took out the articles. All the five accused persons caught hold of Dineshwar Choubey and took him in the gali, vvhere on the instigation of Subhash Choubey and Tej Narain Choubey, Mahendra Choubey fired at him as a result of which, he died. The informant further contended that he saw all the things from the roof of the house in the torch light. It is further stated that on hearing the sound of firing the villagers assembled who identified the accused persons. The informant further claimed that the dacoits took away with them 30 sarees, 20 sayas, 2 golden chains of 2 bharis, ear-top 8 annas bhar, silver payal of 5 bharis, 2 golden nathuni of 4 annas bharis, 300 rupees cash, in all looted away properties worth Rs.19,650/-.