RAJU YADAV @ RAJU MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 09.09.2014 passed by Sessions Judge, Jamtara in Criminal Appeal no. 44 of 2014 whereby and whereunder the court has allowed the appeal preferred by the present opposite party no.2 against the order dated 19.06.2014 passed by learned Principal Magistrate, Juvenile Justice Board, Jamtara in Karmatar P.S. Case no. 11 of 2010 wherein a petition filed by the opposite party no.2 under Section 319 of the Code of Criminal Procedure (in short "the Code") was rejected being not maintainable.

(2.) The prosecution case, as it reveals from the fardbeyan of the informant Kamdeo Yadav the present opposite party no.2, is that on 05.03.2010, while this informant was in his field, he saw his nephew Binod Yadav talking with one Dinesh Yadav and his brotherin-law Balram Yadav and at about 4.00 p.m., all the three above persons went to Karmatar on a motorcycle and his nephew conveyed him that he along with those two persons are going to watch a programme of a Bhojpuri Singer at village Baskupi. When the nephew of the informant did not return in the night and even in the morning, then the mother of the informant went to the house of Dinesh Yadav and enquired about Binod Yadav, but she replied that her son has gone to Tata. It is also alleged that after some time, one Duryodhan Yadav came to his house and informed that Binod Yadav has not accompanied Dinesh Yadav to Tata. Thereafter, the family members of the informant tried to search Binod Yadav, but could not find him. On 07.03.2013 at about 3.00 P.M., some women of the village, who had gone to ease themselves towards the western side of the village, saw a dead body floating in a well. On hearing this information, the informant along with his family members went there and identified the body as of his nephew Binod Yadav. The informant suspects that as his nephew Binod Yadav had talking term with the wife of Dinesh Yadav, the family members of Dinesh Yadav were annoyed of Binod Yadav, they having common intention killed his nephew (Bhagina) Binod Yadav and with the intention to conceal, thrown the dead body in the well.

(3.) After completion of the investigation, the police submitted the charge sheet against only two accused persons namely Dinesh Yadav and Balram Yadav and submitted the final form against the petitioners and accordingly, the learned chief Judicial Magistrate took cognizance of the offence under Sections 302, 201 and 34 of the Indian Penal Code against Balram Yadav and Dinesh Yadav.