GAURCHANDRA GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AN F.I.R. was lodged by one Dinbandhu Gorai, alleging that Nemai Gorai who happens to be his relative, informed him on phone that his son Sumanto had come from Kolkata and requested him to give company for going to his in -laws' house -at village Chhota Ambona. Thereafter, both of them had gone there by motorcycle and when they were returning, Sumanto asked him to stop for urination. Nemai stopped motorcycle near Panchayat Bhwan, Ambona, Sumanto got down and fled away without disclosing the destination. On that information, the informant went to search his son. The next morning he spotted the dead body of his son, lying near the railway track. Sumanto was married that very year, but relation with his wife was not very cordial. Sumanto's 'Sarhu' had sometime back threatened him. On the basis of the said statement of Dinbandhu Gorai, Dhanbad Rail P.S. Case No. 80 of 2002 was registered under Sections 302, 201 and 34 of the Indian Penal Code against unknown.

(2.) THE police investigated into the case and submitted charge sheet against Nemai Gorai. 14 witnesses were named in the charge sheet. Cognizance was taken of the offences under Sections 302, 201 and 34 of the Indian Penal Code. The trial proceeded against Nemain Gorai and Six prosecution witnesses were examined.

(3.) IT was further stated that P.W. 2 -Kailash Gorain, who is brother -in -law of the deceased Sumanto Gorai and son -in -law of Dinbandhu Gorai, is not the charge -sheeted witness. He has not given any statement before the police. P.W. 6 -Diwakar Gorain has deposed contrary to the statement given by him under Section 167 Cr.P.C. However, P.Ws. 2 and 6 had deposed regarding strained relationship of Sumanto Gorai with his wife and about illicit relationship of Dilip Gorain with the deceased's wife. A Panchayati was held in the village and Dilip Gorain had declared that he shall spend two to four lacs for killing Sumanto. In his deposition he had raised suspicion also against Mitul Gorain, Gaur Gorai and Satyanarayan Gorai having played some role in the murder of Sumanto. P.W. 6 -Diwakar Gorai in his examination -in -chief also stated about illicit relationship of Dilip Gorain with the wife of Late Sumanto and that was the reason for the strained relation between Sumanto and his wife. A Panchayati was held regarding illicit relationship of the deceased's wife with Dilip Gorain. At that time, Dilip Gorain had threatened the deceased with consequences.