LAWS(JHAR)-2011-6-133

SMT. KIRAN JHA, Vs. THE STATE OF JHARKHAND

Decided On June 07, 2011
Smt. Kiran Jha, Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned Counsel appearing for the Petitioners, learned Counsel appearing for the informant and learned A.P.P. appearing for the State.

(2.) THE Petitioners are accused in a case instituted under Sections 147/148/149/323/307/341/342/452/387/504/380/427/436 of Indian Penal Code.

(3.) LEARNED Counsel further submits that these Petitioners have also been alleged to have committed offence under Section 307 of I.P.C. probably on the accusation that the daughter -in -law and wife of the informant fell unconscious on being assaulted but their statements, recorded by the police, would disclose that they became unconscious when they saw the accused persons ransacking their house and as such, no offence is made out even under Section 307 of I.P.C. At the same time, it has also been alleged that the accused persons tried to put the informant's grand -son on fire by sprinkling kerosene oil but the police, who reached during the commission of the offence, did not see the grandson of the informant drenched with kerosene oil nor any container of kerosene oil was found and as such, the falsity of the allegation becomes quite evident.