NISAT AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) THE petitioner is aggrieved by order dated 13.05.2013 passed by the learned A.J.C. -XIII, Ranchi, in Sessions Trial No. 856 of 2012, whereby the application filed by the petitioner u/s 227 of the Cr.P.C., for discharge, has been rejected by the Court below.

(3.) THE prosecution case was instituted on the basis of the written application given by the mother of the deceased lady, addressed to the Sr. S.P., Ranchi, Jharkhand, wherein she has stated that her daughter was married to the petitioner in the year 2002. The petitioner is in the police service and was working as Body Guard of the then Chief Minister. On 16.06.2008 at about mid night a telephone call was received from the petitioner that his wife was seriously ill and was suffering from diarrhoea, where upon the informant along with her husband and son went to the quarter of the petitioner and found her daughter in an unconscious condition. She was brought to the hospital where she was declared dead. The police was also informed by the doctor as the death appeared to be suspicious and the dead body was sent for post mortem examination. However, in view of the fact that the deceased had two daughters and at the pressure of the petitioner, the husband of the informant informed the police that he had no suspicion against the petitioner. Subsequently the petitioner also insisted upon her husband to give in writing at the police station regarding the innocence of the petitioner, in view of the future of the daughters, which was also done. It is alleged that thereafter, the petitioner started pressurising the informant to marry her second daughter to the petitioner and thereafter he also gave a cassette from which it transpired that he had established intimate relation with the second daughter of the informant and had also sexually exploited her. It is alleged that the marriage of her second daughter was already fixed elsewhere, but in order to remove his wife from the way, the petitioner committed the murder of his wife. On the basis of the said application given to the Sr. S.P. Ranchi, the police case was instituted and investigation was taken up. It may be stated that in the post -mortem of the deceased the death was found to be caused due to hanging. The police after completing the investigation submitted the charge -sheet u/s 306 of the Indian Penal Code and after taking cognizance, the case was committed to the Court of Session, where the petitioner filed his application for discharge u/s 227 of the Cr.P.C., which was rejected by the Court below stating that there were materials in the case diary to frame the charge against the petitioner and the prima -facie offence was made out against him u/s 306 of the Indian Penal Code.