BASANTI URAON @ BASANT URAON Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Petitioner is aggrieved by order the dated 16.3.2010 passed by the learned Chief Judicial Magistrate, Lohardaga in Complaint Case No.106 of 2007 whereby, the complaint filed by the petitioner has been dismissed under Sec. 203 of the Crimial P.C.

(3.) From the complaint petition, which has been brought on record as Annexure-1, it appears that there is allegation in the complaint petition that upon instigation of OP No.3, Gobind Uraon @ Goinda, O.P. No.2, who is a police officer being S.I. of police, had committed the murder of the husband of the complainant by his revolver. It also appears that the complainant whose statement was recorded on S.A., has supported her case and she has stated that the S.I. of police had fired revolver on the chest of the husband of the complainant causing his death. It also appears that the witnesses were also examined by the complainant, who have also supported the case in the enquiry stage. It further appears that during enquiry, the court below had called a report from the S.P., Lohardaga and from the report of S.P. Lohardaga, it transpired that there was land dispute in the village between the accused Gobind Oraon and the deceased Jitram Oraon and the majority of the villagers were against Gobind Oraon. On a telephone call of the accused Gobind, that the villagers had cordoned his house and they would kill him, the police party visited the village and found that the house of one supporter of the Gobinda Oraon had been ablazed and the mob also cordoned the police party and damaged the police jeep. The members of the mob were armed with lethal weapon like Kulhari, Baluwa etc. The mob also assaulted the police Havildar Ganesh Ram and other police officials, who received severe injuries. Havildar Ganesh Ram succumbed to his injury at the spot. Firing was also made by the police, in course of which the husband of the complainant had died. The Court below has also taken into consideration the material available in the case diary and had found that the mob had gone out of control and they had killed one Havildar and the other police officer also received severe injuries and in firing made by S.I. Harish Pathak, who is O.P. No.2 in this case, the husband of the complainant died. Taking into consideration the materials on record, the Court below rejected the complaint petition filed under Sec. 203 of the Crimial P.C.