JUDGEMENT
RAVI NATH VERMA,J. -
(1.) Challenge in this revision application is to
the order dated 14.08.2015 passed by learned Additional Sessions Judge-I,
Jamshedpur in S.T. No. 75 of 2015 whereby and where under the petition
filed by the petitioners for their discharge under Sections 227 of the
Code of Criminal Procedure (in short 'the Code'), has been rejected.
(2.) Bereft of unnecessary details, the facts, which are necessary for the proper adjudication of the issue involved in the case, in short, is that
on the basis of the written report of the informant Sambhu Kumar, the
present case Bishtupur P.S. Case No. 277 of 2013 was instituted under
Section 306/34 of the Indian Penal Code with the allegation that his
sister -Sunita Kumari since after marriage with Bhuneshwar Kumar, about
three years ago, were living as husband and wife but after few days of
marriage, there was a change in behaviour of accused Bhuneshwar Kumar.
Since the marriage took place without the consent of family members of
the parties and when the information regarding change in his behaviour
was given to the in-laws of his sister, they refused to accept her upon
which, matter was reported to Mahila Police Station, Sakchi. Thereafter,
his sister and Bhubneshwar Kumar started living with the informant's
family but only after 4/-5 days, Bhubneshwar Kumar left his sasural
saying that he is going to meet his parents but when he did not return,
his sister tried to contact him but she always found his mobile switched
off. It is further alleged that the parents of Bhuneswhar Kumar used to
give threatening to his sister for which a case bearing Mahila P.S. Case
No. 14 of 2013 was registered. On 07.08.2013 in the evening, when his
sister was alone in the house, her husband along with his brother Chunu
came and misbehaved with his sister and threatened to kill her. On
08.08.2013 at 10:30 a.m., when the informant came to his house, found the door of his house closed and later on he found his sister hanging through
fan. He took his sister to hospital where she was declared dead. It is
further alleged that a suicidal note was found wherein it was written
that for her death, her husband and his brother Chunu and other family
members are responsible.
(3.) It appears from the record that after investigation, the police submitted the charge sheet against all the accused persons. Accordingly,
cognizance of offence was taken under Section 306/34 of I.P.C. and the
case was committed to the court of sessions. Where a petition under
Section 227 of the Code was filed by the present petitioners for their
discharge but the court below by order impugned dated 14.08.2015 rejected
the prayer. Hence, this revision.;
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