BHUNESHWAR KUMAR @ BHUBNESHWAR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision application is to the order dated 14.08.2015 passed by learned Additional Sessions Judge-I, Jamshedpur in S.T. No. 75 of 2015 whereby and where under the petition filed by the petitioners for their discharge under Sections 227 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.

(2.) Bereft of unnecessary details, the facts, which are necessary for the proper adjudication of the issue involved in the case, in short, is that on the basis of the written report of the informant Sambhu Kumar, the present case Bishtupur P.S. Case No. 277 of 2013 was instituted under Section 306/34 of the Indian Penal Code with the allegation that his sister -Sunita Kumari since after marriage with Bhuneshwar Kumar, about three years ago, were living as husband and wife but after few days of marriage, there was a change in behaviour of accused Bhuneshwar Kumar. Since the marriage took place without the consent of family members of the parties and when the information regarding change in his behaviour was given to the in-laws of his sister, they refused to accept her upon which, matter was reported to Mahila Police Station, Sakchi. Thereafter, his sister and Bhubneshwar Kumar started living with the informant's family but only after 4.005 days, Bhubneshwar Kumar left his sasural saying that he is going to meet his parents but when he did not return, his sister tried to contact him but she always found his mobile switched off. It is further alleged that the parents of Bhuneswhar Kumar used to give threatening to his sister for which a case bearing Mahila P.S. Case No. 14 of 2013 was registered. On 07.08.2013 in the evening, when his sister was alone in the house, her husband along with his brother Chunu came and misbehaved with his sister and threatened to kill her. On 08.08.2013 at 10:30 a.m., when the informant came to his house, found the door of his house closed and later on he found his sister hanging through fan. He took his sister to hospital where she was declared dead. It is further alleged that a suicidal note was found wherein it was written that for her death, her husband and his brother Chunu and other family members are responsible.

(3.) It appears from the record that after investigation, the police submitted the charge sheet against all the accused persons. Accordingly, cognizance of offence was taken under Sec. 306/34 of I.P.C. and the case was committed to the court of sessions. Where a petition under Section 227 of the Code was filed by the present petitioners for their discharge but the court below by order impugned dated 14.08.2015 rejected the prayer. Hence, this revision.