SIDHRAJ SUKUMAR TETE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 5080 of 2017

(2.) The appellant is aggrieved by the Judgment of acquittal dated 04.01.2017, passed by the learned Additional Judicial Commissioner-V, Ranchi, in Sessions Trial No. 236 of 1996, whereby, the accused opposite party Nos. 3, 4 and 5, who had faced the trial for the offences under Sections 364, 302, 328, 201/34 and 120-B of the Indian Penal Code, have been acquitted after trial. The appellant has filed Interlocutory Application No. 5167 of 2017, seeking leave to appeal against the impugned Judgment of acquittal.

(3.) This case relates to alleged murder of Late Martin Tete, who was the Chief President of G.E.L. Church, Ranchi, who breathed his last under suspicious circumstances at Chitranjan Hospital, Calcutta, on 106.1990. In his death certificate, which was issued by the said hospital, it was stated that he died due to heart attack. The deceased had gone to Calcutta by air on 10.06.1990, informing his wife that he had to make some inquiry regarding publication of Sakshi Vaani. He was to return back on 11.06.1990 or 12.06.1990, but he did not return. The impugned Judgment shows that on 106.1990, he checked out from Hotel Oberoy, where he was staying, at 7:30 a.m., and he was going to airport for returning back to Ranchi, by an Ambassador car bearing registration No. WBJ 6444, which was being driven by one Mohammad Iqaram. While the car was going towards airport, in the way the condition of Martin Tete deteriorated and he was taken to hospital, where he died. After the death, he was brought to Ranchi by a Contesa Car bearing registration No. WNW 3030 and the opposite party Nos. 3 and 4, namely, Roshan Lal Bhatia and Anil Kapoor accompanied the dead body, as these persons had also gone to Calcutta along with the deceased. On 14.06.1990, the dead body of the deceased was buried after performing the last rites according to the Christian religion, in Siromtoli graveyard of G.E.L. Church, Ranchi. It finds mentioned in the impugned Judgment that at the time of burying the dead body, no stiffness was found in the dead body even after 12 hours, and some bleeding from nose and mouth and some forth was also found oozing out from the mouth, by the persons giving the last bath, giving rise to suspicion, but still the Church people buried the dead body.