SANTOSH KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the informant appellant, learned counsel for the State as also learned counsel for the accused respondents Nos. 3 to 5. Respondent No. 2 has not appeared in spite of the notice.

(2.) The informant appellant is aggrieved by the impugned Judgment of acquittal dated 31st of May, 2016, passed by the learned Sessions Judge, Jamtara, in S.T. No. 107 of 2014, whereby the accused respondent Nos. 2 to 5, who were facing the trial for the offences under Sections 364, 120-B and 302 of the Indian Penal Code, have been acquitted after the trial. I.A. No. 7271 of 2017, has been filed, seeking leave to appeal against the said Judgment of acquittal.

(3.) The prosecution case relates to the abduction and murder of the deceased Naren Chandra Mandal, for which, a written application was given before the Jamtara Police Station, by the informant Santosh Kumar Mandal, the son of the deceased on 26.12.2013, stating that on 24.12.2013, his father Naren Chandra Mandal had gone to Jamtara for a meeting with lawyer, but till night he did not return. Thereafter, he was searched by the informant and his family members on 25.12.2013, but he could not be traced out and the information was given at the Police Station. It has further been alleged that the informant and the family members continued with the search of their father and on 26.12.2013 at a petrol pump at Jamtara, they met one Ajay Mandal, who disclosed that he had seen their father at the bus stand along with 4-5 persons on a motorcycle, who appeared to be sick. The informant and his brothers went towards Jamtara Bus Stand at about 4.30 P.M., and found that his father was sitting on a motorcycle, which was being driven by one Dhiren Mahato, and Janardan Mandal was sitting behind his father on the said motorcycle. It is further alleged that on another motorcycle they saw Bhupati Mandal (accused respondent No. 3) along with two other unknown persons, and upon seeing them, both the motorcycles sped up towards Subhas Chowk. They also chased them up to Subhas Chowk, but as their motorcycle was not in order, they could not chase them further. It has been further alleged that there was enmity with Bhupati Mandal and Janardan Mandal, for which there was a case pending, in which his father was a prime witness. On the basis of the written application, the police case was instituted against Dhiren Mahato, Janardan Mandal and Bhupati Mandal for the offences under Sections 364 and 120-B of the Indian Penal Code, and investigation was taken up. It appears that subsequently, the dead body of the deceased was found and Section 302 of the Indian Penal Code was also added. Thus, from the F.I.R., it is apparent that only accused respondent Nos. 2 and 3 were made accused in the F.I.R. After investigation, the police submitted the charge-sheet against all the accused respondents.