MAHAVIR MAHTO @ MAHABIR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and also learned counsel appearing for the opposite party No. 2 as well as learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Ramgarh P.S. Case No. 23 of 2011 (S.T. No. 78 of 2013) including the order dated 2.1.2013 whereby and whereunder cognizance of the offence punishable under Section 306/34 of the Indian Penal Code has been taken against the petitioners.

(2.) Mr. Rajan Raj, learned counsel appearing for the petitioners submits that it is the case of the prosecution that daughter of petitioner No. 1 got married with the son of the informant in the year 1999. Out of their wedlock, one male child was born in the year 2001. On 19.7.2005, daughter of petitioner No. 1, Aarti Devi died while she was in her in-laws' place and for that, U.D. case was lodged by the petitioner No. 1. Subsequently, petitioner No. 1 lodged another case which was registered under Section 304-B of the Indian Penal Code. Since wife of the informant's son had died, son of the informant took another marriage in the year 2006.

(3.) Further case is that on 25.12.2010 FSL report was received reporting therein that viscera was containing some poison. Thereupon on 2.2.2011 informant's son committed suicide alongwith his second wife and daughter. On the same day i.e. 2.2.2011, FIR was lodged which was registered under Section 306 of the Indian Penal Code.