NARAYAN SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction of this Court under section 482 Cr. P. C. for the quashment of the entire criminal prosecution against them in Markacho P. S. Case No. 10 of 2007 corresponding to G. R. No. 31 of 2007 as also for the quashment of the cognizance of the offence taken by the C. J. M. , Koderma on 14-8-2007 for the offence under Sections 341/323/325/307/504/34 I. P. C. against the petitioners.

(2.) THE prosecution story lies in a narrow compass.

(3.) THE informant Sitaram Sao in his written report presented before Markacho police alleged that on the day of reporting i. e. on 15-1-2007 at about 7 a. m. all the seven named accused persons including the petitioner no. 1 Narayan Sao and petitioner No. 3 Miss Sulochana Kumari @ Sulakshna kumari attacked the inmates after entering in his house. In the same transaction it was alleged that the accused Mahendra Sao inflicted Farsa blow on the wife of the informant as a result of which she fell down after sustaining bleeding injury. The other accused Narayan Sao inflicted sword blow on the head of his father Shivan Sao and he also fell down sustaining injury and became unconscious. The informant was assaulted by Baijnath Sao with the rod and he sustained fracture in his hand as well as on his head when he attempted to ward off such assault. The other accused Babita Devi and sumitra Devi with the help of the wife of mahendra Sao, attempted to strangulate his mother. It was further alleged that some of the accused persons removed a box from the room of the informant containing silver jewelleries worth of Rs. 15,000/- and that mahendra Sao snatched the silver chain from the neck of the wife of the informant worth Rs. 2500/ -. Their lives could be saved with the intervention of the villagers. The attack on the house of the informant was given effect to with the concert of all the accused persons. The F. I. R. was instituted against Mahendra Sao, Narayan Sao, baijnath Sao, wife of Mahendra Sao, sulakshna Devi, Sumitra Devi and Babita Devi.