BISHWANATH DEBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) Petitioner is an accused in a case registered under Section 302/34 of I.P.C. The counsel of the petitioner has submitted that the prosecution? case in brief is that the petitioner on 4.5.98 gave his fardbeyan at 15.30 hours at quarter No. H-1/259 Harmu housing colony which was recorded by S.I. Kameshwar Singh of Argora P.S. It is submitted in fardbeyan that petitioner's father namely Ram Parsun Dubey was posted as Sub- Inspector at Kotwali police station. He resided along with his mother, father, brothers, sisters, Bhabhi, Bhagina and Bhagni at quarter No. H-1/259 Harmu housing colony P.S. Argora District- Ranchi. It is further alleged that on the occasion of Duragaman of his sister Kanti Devi at his native village on 28.4.98, his elder Kasi Nath Dubey had gone on 10.4.98.His mother and elder sister Sobha Devi had also gone for the said Duragaman to his native village on 16.4.98 and his father had gone on 23.4.98. It is further submitted that he remained in quarter alongwith his Bhabhi Indu Devi and brothers Dhanji Dubey aged about 11 years, Manji Dubey aged about 10 years, Pinki kumari aged about 13 years, Rinki Kumari aged about XI years and Bhagina Amit Kumar aged about 8 years and also a servant named Arun Kumar. On 4.5.98 at 6 O'clock in the morning his bhabhi Indu Devi wife of Kasi Nath Dubey had given tea and Nasta to his brothers and sisters and sent them to school along with servant Arun Kumar. It is further stated that he also after taking breakfast at about 8 A.M. Had gone to the house of one Mishra Jee master. He reached the house of Mishrajee at about 8.30 A.M. Mishrajee was not in his house. He returned back to his quarter at about 10.30 A.M. On reaching his quarter, he saw that both his sister had returned from their school and crowd was assembled outside his quarter. He went inside the room and saw that his Bhabhi was lying flat on the chowki. She was covered by bed-sheet. On removing the bed sheet, he found that Bhabhi was lying dead and there was signs of having hanging present on her neck. It is further stated that marriage of his bhabhi was solemnized six years ago and she was not blessed with any child. It is further, stated that all the windows of the room were found closed and grill of the verandah was broken. It is claimed that some unknown persons have committed murder by hanging her Bhabhi and after death, she was put on Chowki and covered with the bedsheet On the basis of these allegations, present case was instituted against unknown miscreants.

(3.) Mr. Tiwary has submitted that the relationship of the deceased and her uncle Ram Bachan Tiwary was not good. He has further submitted that it has come in the evidence that one day prior to the occurrence, the uncle of the deceased along with two other unknown persons were seen by many people of the Mohalla. It is also submitted that Supervision of investigation was done by the S.P. Hatia and his Supervision note he has stated that the deceased Indu Devi was done to death by his uncle Ram Bachan Tiwary along with other unknown persons for getting the land of 12 Bigha. It is also submitted that the case was later on investigated by the C.I.D and the clean chit was given by the C.I.D. to this petitioner. It also submitted that the petitioner is student of B.A. Part-II of Doranda College, Doranda, Ranchi and he has no criminal antecedent.