MADHUSUDAN MURMU Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The Petitioners have preferred this Cr. Rev. under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the order passed by the Sessions Judge, Gumla in Cr. Appeal No. 53 of 2010 by which the prayer for bail the Petitioners Krishna Munda and Etwa Munda @ Salik Munda rejected by the Juvenile Justice Board, Gumla in connection with Sisai (Bharno) P.S. case No. 44 of 2010 corresponding to G.R. No. 210 of 2010 was affirmed and the appeal was dismissed.

(2.) Mr. Deepak Kumar, the learned Counsel appearing on behalf of the Petitioners at the outset seeks permission to withdraw the name of the Petitioner No. 1 Krishna Munda from the instant petition with the liberty to agitate his prayer for bail after two months which is allowed.

(3.) The prosecution story in short was that the skeleton of the son of the informant namely, Suraj Munda was found near the well of the village which was under construction. The informant Karma Munda stated that his son Suraj Munda was a student of class-VIII who, after dropping out, associated with one RCMS Centre at Sisai and he used to visit Sisai regularly. He had proceeded on 24th January, 2010 on way to Sisai but when he did not return back till late in the night, his whereabouts could not be located. When the informant on 14.3.2010 went to the well of Chintu Munda, which was under construction, to take bath, he felt foul smell from the water. He returned back to home and carried a bamboo to find out the object which was emitting smell. The villagers assembled there and in presence of the villagers a dead body was recovered to which he identified that it belonged to his missing son Suraj Munda, aged about 15 years and the body was in decomposed state but the cloth was still on the body of skeleton with some flesh attached with the body. In the meantime, the members of his family also arrived who confirmed that the dead body belonged to Suraj Munda. The body was tied with boulders which fell down while removing the skeleton. The informant suspected that his son was done to death by some unknown culprits and they threw the dead body in the well with the intention to screen themselves. The case was instituted against unknown culprits. In course of investigation both the Petitioners were arrested and after establishing that they were juveniles below 18 years of age, the case was transferred to the Juvenile Justice Board, Gumla and substance of accusation was explained to them for the alleged offence under sections 302/201/120B/34 of the Indian Penal Code.