JAINARAYAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner against the order dated 15th September, 2003, as contained in Memo No. 4174 issued under the signature of the special Secretary, Home Department, Government of Jharkhand, whereby and where under, the petitioner has been informed that his application for pardon under Article 161 of the Constitution of India has been rejected by the Governor of Jharkhand.

(2.) The brief fact of the case as per petitioner is that while he was on duty in the Deepatoli Cantonment in the district of Ranchi situated at a distance of 123 Kilometers away from the district of Gumla an F.I.R. was lodged against him in the district of Gumla in the Tinshere Police Station, alleging therein that at about 6 a.m. on 12th August, 1981, while Aneshwar Sah who had gone to Dehri Majhi to see his field in Plot Nos. 97-98 of Khata No. 68, on return he saw his nephew Parmeshwar Sao coming from his field. He saw that several persons including the petitioner were standing in front of their house were armed with various weapons and Lathis. Immediately, thereafter, they opened fire upon him due to which Parmeshwar Sao fell down. Thereafter, all the persons -took him to his field and assaulted him by Lathi Danda and ultimately the accused persons killed him (Parmeshwar Sao) with Balua and Tangi.

(3.) A case was instituted against the petitioner and seven others. The petitioner and others were tried in Sessions Trial No. 49 of 1983.