Bhagalpur v. The State Of Bihar
Case Details
Patna High Court Cr.Misc. No.39214 of 2012 (4) dt.24-09-2013 1/5 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39214 of 2012 ====================================================== 1. Arun Kumar Thakur S/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 2. Satya Narayan Thakur @ Dukho Thakur S/O Maidi Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 3. Pankaj Kumar Thakur S/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 4. Nilesh Kumar Thakur S/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 5. Subash Kumar Thakur S/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 6. Urmila Devi W/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 7. Sonu Devi D/O Satya Narayan Thakur Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur. 8. Diwakar Thakur S/O Aman Resident Of Village- Gogri (Saidpur), P.S- Gopalpur, District- Bhagalpur .... Petitioners Versus The State Of Bihar ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER .... Opposite Party 4 24-09-2013 Heard learned counsel for the petitioner and the State. This is a petition for quashing the order, dated 28.07.2012, passed by the Additional Sessions Judge, Naugachia,
Facts
Bhagalpur, in S. Tr. No. 995 of 2009 arising out of Gopalpur P.S. Case No. 99 of 2008, by which a petition for discharge of the petitioner has been rejected. The prosecution case as alleged that the victim, Anita Devi, the sister of the informant, got married with Arun Kumar Thakur and there was allegation of demand of rupees one lakh and motorcycle and subjecting cruelty for non-fulfillment of the demand and it is alleged that the victim was done to death by setting on fire on 07.04.2008 at about 11.00 in the mid night by sprinkling kerosene oil. On hulla the people of neighbourhood came and Patna High Court Cr.Misc. No.39214 of 2012 (4) dt.24-09-2013 2/5 set off the fire and on information the police taken her to Mayaganj hospital and on information the informant reached at Mayaganj Hospital and on seeing her sister, Anita Devi, started weeping and was telling that accused persons have done the occurrence by sprinkling kerosene oil for non-fulfillment of the demand of rupees one lakh and motorcycle. She also disclosed that police has taken thumb impression of Anita Devi on plain paper and, thereafter, it is alleged that she died. The police, after investigation, submitted final form against the accused persons. After submissions of the final form, the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, took cognizance for offence on protest petition filed by the informant and after taking cognizance a petition was filed under Section 247 of the Criminal Procedure Code for discharge on the ground that the allegation is false and the deceased was burnt during cooking of food as her synthetic saree came to fire and the accused persons have falsely been implicated due to enmity. A U.D. case was lodged bearing no. 2 of 2008 on the basis of statement of the victim-deceased herself and, further, the police, during investigation, found the case true. However, considering the submission of the learned counsel for the petitioners and test identification chart the material on record as well as the case diary, the petition for discharge was dismissed on the ground that there are sufficient material against the accused persons as the witnesses have supported the prosecution case. The learned counsel for the petitioners challenged the order, impugned, on the ground that just after the occurrence the statement of Anita Devi was recorded at Mayaganj Hospital in Patna High Court Cr.Misc. No.39214 of 2012 (4) dt.24-09-2013 3/5 Emergency Ward, but, statement is said to have been recorded on 09.04.2008 at 10.15 a.m. in the Emergency Ward, Bed No. 16. were she has stated that she has slept in the night, her child started weeping for milk and then she got up and tried to warm the milk on lamp and by which she caught fire in the saree and when she made a cry, then, her husband came and rushed to her rescue and set off the fire. However, the statement was recorded on 09.04.2008 at 10.15 a.m. in the Jawaharlal Nehru Medical College Hospital, Bhagalpur, and it has been contended that in the U.D. case the statement of the victim-deceased was recorded, but, the U.D. case has been filed on 15.04.2008 and, hence, it has been submitted that in view of the statement of the victim-deceased recorded by Assistant Sub Inspector of Police of Camp, Jawaharlal Nehru Medical College Hospital, Bhagalpur, it is apparent that a case is of an accidental fire and it has, further, been submitted that the case instituted on the statement of the brother of the victim- deceased lodged on 21.04.2008, after long delay from the date of occurrence and though Gopalpur P.S. Case No. 99 of 2008 was instituted on the basis of complaint filed by the brother of the victim-deceased on the basis of Gopalpur P.S. Case No. 99 of 2008 was lodged and the police, after investigation, submitted charge sheet. The said case was supervised by the senior police officers, like the Deputy Superintendent of Police and the Superintendent of Police and they also found nothing about the case that it is a misconception of fact and final form was submitted and, hence, it has been contended that there is no sufficient material in the case diary to suggest for rejecting the petition for discharge as there is no material. However, the learned counsel for the opposite Patna High Court Cr.Misc. No.39214 of 2012 (4) dt.24-09-2013 4/5 party, complainant, submits that injury found on the person of the deceased was eighty per cent burn and the brother of the victim- deceased has stated that when he came to Hospital, on information, then, the victim-deceased disclosed that she has been killed by sprinkling kerosene oil by the accused persons. However, taking into consideration the submissions, allegation made and the order, impugned, which was passed after taking into consideration the various aspects, it is well settled that at the stage of taking cognizance and framing of charge for considering the petition for discharge, the only material required to be looked into is the allegation made in the complaint and the material collected, during investigation, and if the allegation made in the complaint prima facie makes out an offence, at this stage this Court can not appreciate the evidence meticulously nor go into the question whether the allegation is true or false, the only consideration is that while taking the allegation made in the complaint and the material collected, even taken to be true on the face value whether a prima facie case for offence is made out. However, taking into consideration the allegation that the marriage solemnized on 4th May, 2001, the occurrence is dated 7th April, 2008, well within seven years from the date of occurrence. There is allegation of demand and subjecting cruelty and victim was done to death by setting on fire in the night of 07.04.2008. The learned Magistrate has taken into consideration that the witnesses in paragraphs 6, 7, 8, 9 and 10 of the case diary supported the prosecution case and, further, it is not in dispute that the victim-deceased burnt to death by a burn injury Patna High Court Cr.Misc. No.39214 of 2012 (4) dt.24-09-2013 5/5 and her death is in the suspicious circumstances and, hence, taking into consideration these facts without going into the question whether the allegation is true or false a prima facie case is made out when there is allegation that the marriage solemnized within seven years, there is allegation of demand and subjecting cruelty and, further, the death under suspicious circumstance in the mid night of 07.04.2008. However, two statements have been recorded by, one Illahi Baksh at 08.15 a.m. on 08.04.2008, but, there is no mention of the designation of Illahi Baksh. The second recorded on 09.04.2008 at 10.30 a.m. at Mayaganj Hospital, Jawahar Lal Nehru Medical College Hospital, Bhagalpur, but, there is neither the doctor’s signature nor certificate that the victim was in a position to give her statement and statement of mother-in-law recorded as fardbeyan on 13.04.2008 Hence, having regard to the facts and circumstances of the case, I do not find it proper to interfere at this stage to stifle the prosecution when the material on record makes
Legal Reasoning
out a prima facie case. This petition is rejected. (Gopal Prasad, J) SA/-