AMANULLAH AND ANR. Vs. STATE OF BIHAR AND ORS.
LAWS(SC)-2016-4-12
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 12,2016

Amanullah And Anr. Appellant
VERSUS
STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This criminal appeal by special leave is directed against the impugned judgment and order dated 08.12.2010 in Crl. Misc. No. 5777 of 2009 passed by the High Court of Judicature at Patna whereby it allowed the said criminal miscellaneous petition filed by the respondent nos.2 to 9 herein, by setting aside the cognizance order dated 10.11.2008 passed by the learned Addl. Chief Judicial Magistrate, Rosera, Bihar in Singhia Police Case No.37/2008 and quashed the criminal prosecution.
(3.) Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: The case of the prosecution is that on 29.03.2008, the informant-Mukhtar went to the house of his relative at village-Navdega and stayed there. On 30.03.2008, at about 12.00 noon, his uncle Md. Hasim informed him on telephone that his wife's condition was serious and she was being taken to Singhia for treatment. Mukhtar was asked to reach Singhia. It is alleged by the informant that on reaching Singhia, he neither found his wife nor his uncle. On enquiry from his uncle, he was informed about the death of his wife. Thereafter, he reached his house and saw the dead body of his wife. His uncle disclosed him that his wife-Tamanna Khatoon (since deceased) had gone to maize field wherein she was found lying with her mouth and nose tied with her dupatta. She was spotted by one Hira Sada (PW-2), who was returning with her daughter. Upon hearing the noise made by the deceased she raised alarm and upon hearing the same informant's uncle-Md. Hasim along with others reached the spot and took Tamanna Khatoon to Singhia for treatment. She died on the way to Singhia. On 30.03.2008 FIR was lodged by Mukhtar, husband of the deceased against Md. Raju and Md. Halim @ Mangnu- appellant no.2 herein for the offences punishable under Sections 302 and 120B read with Section 34 of the Indian Penal Code (for short "IPC").;


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