MANGAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present Cr. Revision is directed against the order impugned dated 20-6-2007 passed by the learned Sessions Judge, Palamau, Daltonganj whereby and whereunder the petition filed on behalf of the petitioners under Section 227 Cr. P. C. for their discharge was rejected in Sessions trial No. 119 of 2007 arising out of Chainpur p. S. Case No. 137 of 2005. It was alleged in the Fardbeyan of the informant that in the evening of 19-9-2005 two unknown persons came to his house who asked his wife sumitra Devi (since deceased) to accompany them for settlement of the land dispute. His wife accompanied them followed by his son and on the way his son was asked by them to stay and wait there. His wife Sumitra Devi proceeded with two unknown persons. After some time his son Madan Singh returned back who narrated to his father informant that her mother accompanied two unknown persons and hereafter she did not return. The informant made extensive search in and around the village as also in the forest. However, on 21 -9-2005 the dead body of Sumitra devi was recovered but without injury on her person. The police was informed with the help of the village Chaukidar and pursuant to that the police arrived there, recorded the statement of the informant and prepared inquest of the dead body.

(2.) DISCLOSING the genesis, the informant narrated that he had land dispute with the petitioners for the last 4 years in the backdrop that his aunt (father's sister) had executed gift deed by transferring 2. 39 acres of land in favour of Sumitra Devi as his aunt was issueless and the petitioners being the near agnates of her aunt were nursing grudge by disputing the matter. The informant, therefore, had reason to believe that the petitioners along with two unknown persons had given effect to the occurrence. The dead body was sent for postmortem examination and asphyxia was found to be the cause of death of Sumitra Devi in view of the fracture of hyoid bone and bruise 1" x 1" below the neck. The 2nd, 3rd and 4th cervical vertebra were also found fractured.

(3.) MR. Singh, learned counsel submitted that the police after investigation submitted final form on 31-7-2006 but the C. J. M. ,daltonganj after perusal of the case diary took cognizance of the offence under Section 302/34 i. P. C. against the petitioners with the observation that the police had made perfunctory investigation and at no point of time prayer was made by the Investigating officer for issuance of the process against the petitioners. '