ANUP KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners have preferred this criminal revision for setting aside the order impugned dated 13.1.2009 passed by the learned Additional Sessions Judge, F.T.C-III, Dhanbad in S.T. No. 476 of 2008 arising out of Baghmara (Barora) P.S. Case No. 60 of 2008 for the alleged offence under Sections 323/341/307/302/34 of the Indian Penal Code by which the petition filed under Section 227 of the Code of Criminal Procedure for their discharge was rejected.

(2.) Prosecution story in short was that the informant Dhananjay Kumhar (since deceased) while was digging earth near his house for connecting water pipeline on 4.3.2008, it was opposed by the petitioners, who abused and there held altercation. Pursuant to that, it was alleged that the petitioner Anup Kurnhar, who was holding iron rod in his hand, inflicted blow causing injuries on the head of the informant. When his son came to rescue his father informant, he was also assaulted and thereby sustained injuries. Informant then presented a written report before the police station on the same day on 4.3.2008 whereupon the police registered a case for the alleged offence under Sections 341/323/307/504/34 of the Indian Penal Code against the petitioners. Informant Dhananjay Kumhar was referred to the Regional Hospital at Baghmara for his treatment and'' the doctor found lacerated injury measuring 2" x x on his left parietal region of scalp with a small abrasion over his left shoulder. The said injuries, in the opinion of the Doctor, were caused by hard and blunt object, inflicted within six hours of his examination. The nature of the injuries was kept reserved awaiting the X-ray report of the scalp of the injured. When the injuries of the informant Dhananjay Kumhar could not be treated at Baghmara hospital, he was then referred to the Central Hospital, Saraidhella on 12.3.2008 where he died on 13.3.2008 in course of treatment and only thereafter the offence under Section 302 of the Indian Penal Code was added in the F.I.R. The learned Sr. Counsel explained that in the post-mortem report of the Dhananjay Kumhar, the doctor found stitched wound on the body of; the deceased towards left occipital region and abrasion on the left shoulder. On dissection, 50cc deep brown coloured liquid was found in the stomach which was taken out arid preserved for sending to Forensic Science Laboratory to ascertain the actual; cause of death along with the other visceras. In the meantime, cognizance of the offence was taken under Sections 341/323/307/504/34 of the Indian Penal Code after receiving the charge sheet. The case was committed and thereafter the petitioners filed their petition under Section 227 of the Code of Criminal Procedure for their discharge relying upon the report of the Forensic Science Laboratory dated 13.11.2008 wherein it was stated that the viscera of the Dhananjay Kumhar contained endosulfan which was chloro-organo pesticide, commonly used in agriculture for killing pests and it was poisonous, but their petition was rejected;

(3.) The learned Sr. Counsel Mr. Tripathy submitted that the occurrence did not take place in the manner presented by the informant of the instant case Dhananjay Kumhar, rather the actual version was that when the petitioner No. 3 Rupa Devi: along with her elder daughter-in-law was busy on the alleged date of occurrence on 4.3.2008 in making preparation for the marriage of her son Ahup Kumhar, she heard alarm from the outside and when she came out of her house, she noticed that Dhananjay Kumhar, his two sons along with other female members were-digging the ground in front of her door and on query, Dhananjay Kumhar replied that he had to lay pipelines for water supply to which Rupa Devi objected and asked him not to do so as the marriage of her son was going to be solemnizedion 13th March and her such 'reply resulted into altercation and exchange' of filthy language. Thereafter Dhananjay Kumhar and other members of his family brought sticks and swords from their house and upon entering and trespassing into the courtyard of Rupa Devi, they assaulted her daughter-in-law and the informant Rupa Devi as well. In the meantime, her son Bharat Kumhar came and tried to pacify the situation but of no avail. On the written report of the Rupa Devi {petitioner No. 3), police registered a case against the said Dhananjay Kumhar and five others for the alleged offence under Sections 341/323/354/448/504/34 of the Indian Penal Code giving rise to Baghmara (Barora) P.S. Case No. 59 of 2008 first point in time before institution of the instant case.