RAM NATH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State.

(2.) IN this application, the petitioner has prayed for quashing the order dated 28.11.2002 passed by the learned Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No. 19 of 1998 corresponding to G.R. No. 234 of 1998 by which cognizance has been taken for the offence u/s 304 of the Indian Penal Code (IPC).

(3.) THE prosecution story as would appear from the First Information Report (FIR) instituted by the opposite party No. 2 is that the brother of the informant left his home in the night of 28.4.1998 in a drunken condition. On being informed, the informant searched for his brother, but he could not be traced out. It has been alleged that in the following morning in course of search, the informant found his brother knocking the door of one Bhola Singh. The informant's brother was working as a cook in the house of Bhola Singh. The informant could find some injuries on the persons of his brother and on being asked, his brother disclosed that in the previous night while he was in an intoxicated condition was knocking the door of Bhola Singh and Ram Nath Singh, as a result of which both had assaulted him. It has also been stated that the brother of the informant was admitted in Basia Hospital on 29.4.1998 and he was referred to Ranchi, and ultimately on 1.5.1998 his brother died in the house itself.