KASHIM MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned counsel for the Opposite Party No. 2 and the learned counsel for the State.

(2.) Petitioner has filed the instant revision application against the judgment dated 30.5.2009 passed by the Sessions Judge, Dumka in Criminal Misc. Appeal No. 71 of 2009 whereby the opposite party no. 2 has been declared as juvenile.

(3.) The prosecution case, in brief, is that on 12.4.2008/13.4.2008 at about 1 A.M. the informant-Kashim Mian who is the petitioner in this case, was sleeping in his house alongwith other family members. His daughter Hina Khatoon was sleeping with her grand maternal mother Osra Bibi in the verandah. At about 1 A.M. when Osra Bibi woke up, she found that Hina Khatoon was not sleeping in the said verandah. Then she informed the informant and the informant started for searching his daughter. At about 5 A.M. one Durga Dasi informed the informant that his daughter is lying naked near roadside field. Thereafter, the informant rushed towards that place and found his daughter in nude and injured position and blood was oozing from her head. Thereafter, the informant with the help of the co-villagers took his daughter to Mohalpahari for her treatment but as her condition was serious, she was referred to Vardwan Hospital for her medical treatment. After sometime, the daughter of the informant expired. Accordingly, the informant lodged the case against unknown under Sections 376, 302/201 of the I.P.C.