LAWS(JHAR)-2022-4-2

SANICHAR KOL Vs. STATE OF JHARKHAND

Decided On April 06, 2022
Sanichar Kol Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) There are some cases, which really shock the conscience of the Court and this is one of such case. This case has not only shaken the conscience of this Court, but also has shaken the faith on the investigating agency, which has filed the chargesheet in this case against the petitioner.

(2.) Petitioner has approached this Court by filing a bail application under Sec. 439 read with Sec. 440 of the Code of Criminal Procedure, 1973. He has prayed for bail from this Court, as his prayer for bail was rejected by the Principal Sessions Judge, Jamtara in Miscellaneous Criminal Application No.626 of 2021 on 8/10/2021. Petitioner is languishing in custody from 1/7/2021, in fact, for committing no offence whatsoever under any penal statute, far less under the Indian Penal Code. The reason I have reached to such conclusion would be evident from the prosecution story and the statements of several witnesses recorded during investigation.

(3.) On the basis of a fardbeyan of one Mahadeo Mandal, Jamtara (Karmatand) Police Station Case No.47 of 2021 was registered under Ss. 302/34 of the Indian Penal Code. Informant is the father of the deceased, who stated that on 30/6/2021, he received information that her daughter Asha Devi, aged about 36 years, has been murdered in her matrimonial home by the son-in-law of the informant. On receiving the said information, informant along with his family members and other villagers reached the matrimonial home of her daughter, where he saw her daughter lying dead on a cot. He opined that the deceased was murdered as there was some ligature mark on her neck. He stated that few days before the incident, there was some land dispute for which there was quarrel between the husband of the deceased Govind Mandal, his elder brother Naresh Mandal and the deceased. He also stated that Govind Mandal, husband of the deceased, often used to assault the deceased. He further narrated that his another daughter was also a resident of that village and on receipt of the said information about the death of Asha Devi, his another daughter, Tara Devi and other villagers were present there and said Tara Devi stated that when she went to the house of the deceased, she saw this petitioner, namely, Shanichara Kol sitting beside the dead body of the deceased. On the basis of the aforesaid information, the informant concluded that her daughter Asha Devi was done to death by her husband Govind Mandal, her brother-in-law Naresh Mandal and this petitioner.