MANOJ MOHAN SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 25.11.2010, passed by the learned Additional Sessions Judge-1st, Dhanbad in S.T. No. 555 of 2009, arising out of Dhanbad P.S. Case No. 84 of 2006, corresponding to G.R. No. 382 of 2006, by which the petition filed on behalf of the Petitioners (1) Manoj Mohan Srivastava and (2) Somnath Shantikari for their discharge for the alleged offence under Sections 306/34 of the Indian Penal Code 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 upstairs 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 hanged from the ceiling by giving the colour of suicide.

(3.) The case was instituted against Shiv Kumar Khemka, Dr. Anand Mohan Roy @ A.M. Roy, both of Jalan Hospital and other staff of the said hospital under Sections 302/34 of the Indian Penal Code, but charge-sheet was submitted after investigation under Sections 306/34 of the Indian Penal Code, including against the Petitioner No. 1 Manoj Mohan Srivastava as he then was the Security Incharge of the Jalan Hospital and the Petitioner No. 2 Somnath Shantikari as he was also the security staff of the said hospital. It was alleged that the Petitioners had interrogated the deceased Nirbhay Kumar Singh with respect to a theft, which was committed in the cash room of the hospital. The police had filed charge-sheet with the definite case of suicide, being committed by the deceased and since he died in Jalan Hospital and his body was found hanging from the ceiling of the hospital room, the police implicated the Petitioners as abettors, Mr. Mazumdar, the learned Sr. Counsel submitted.