ANAND MOHAN ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the order impugned dated 20.09.2010 recorded by the Additional Sessions Judge, 1st, Dhanbad by which the petition filed on behalf of the Petitioners for their discharge in Sessions Trial No. 555 of 2009 was rejected.

(2.) The prosecution story in short was that the informant Lav Kumar Singh had presented a written report before Dhanbad Police on 05.02.2006 stating, inter alia, that his maternal uncle in relation namely Nirbhay Kumar Singh was working as the private driver of one Shiv Kumar Khemka who happened to be the Secretary of Dwarika Das Jalan Memorial Hospital. Dhanbad for the last 6/7 years. On the day of reporting the informant heard rumour that his maternal uncle Nirbhay Kumar Singh died in Jalan Hospital. Upon such rumour when the informant went to the house of the employer Shiv Kumar Khemka, he was apprised that Nirbhay Kumar Singh had already left his job a week prior and also asked the informant to enquire his whereabouts at Jalan Hospital. The informant went to Jalan Hospital and came across Dr. Anand Mohan Roy @ A.M. Roy, who apprised that Nirbhay Kumar Singh had committed suicide by hanging from the roof and that his dead body was lying on the bed. He went to up-stairs in the room and found the dead body of his maternal uncle on the bed. The informant gathered that theft of cash was committed from the cash box of the Hospital room to which allegation was levelled against Nirbhay Kumar Singh about his involvement in such theft. The informant had reason to believe that his maternal uncle Nirbhay Kumar Singh was done to death by Shiv Kumar Khemka and Dr. Anand Mohan Roy @ A.M. Roy and his dead body was hanging from the ceiling by giving the colour of suicide. Dhanbad Police registered P.S. Case No. 89 of 2006 under Section 302/34 of the Indian Penal Code against both the named accused who are Petitioners herein but charge-sheet after investigation was submitted under Section 306/34 of the Indian Penal Code.

(3.) Learned senior counsel Mr. Mazumdar submitted that the Petitioner No. 1 Dr. Anand Mohan Roy @ A.M. Roy was the medical practitioner by profession and was attached to D.D. Jalan Hospital whereas the Petitioner No. 2 Shiv Kumar Khemka was the Secretary of the said Hospital at the relevant time and both were admitted to anticipatory bail. As a matter of fact, an information was sent to the concerned police station stating that Nirbhay Kumar Singh had committed suicide in non-A.C. Cabin and upon such information, the A.S.I. of Police came there and enquired from Manoj Mohan Srivastava, who was the Chief Security Officer of D.D. Jalan Memorial Hospital and recorded his statement and sent the dead body for postmortem. The Chief Security Officer Manoj Mohan Srivastava, who had informed the police earlier about the occurrence of theft of cash from the Hospital and his statement was recorded on 05.02.2006 wherein he stated that on 04.02.2006 he came to learn that theft of cash was committed after breaking open the lock of the box and it was revealed during investigation that Nirbhay Kumar Singh (since deceased), who was driver of Shiv Kumar Khemka was seen roaming near the store room in suspicious condition. Nirbhay Kumar Singh was interrogated about the theft of money as the suspect and was asked to stay in the Hospital. Manoj Mohan Srivastava explained that when came to the Hospital on the subsequent day morning he was informed by his security staff that Nirbhay Kumar Singh had committed suicide in a non-A.C. Room No. 1 by hanging himself from the ceiling. The other witnesses including one Dr. K.K. Sharma came there who declared Nirbhay Singh dead. Inquest report also revealed that the death appeared to have been caused due to hanging.