- (1.) THROUGH this application filed under Section 226 of the Constitution of India, the order dated 9.6.2008 passed by the learned 5th Additional Sessions Judge In -charge, Dhanbad in post conviction record of Sessions Trial No. 20 of 1980 has been sought to be quashed whereby and whereunder the petitioner has been remanded to jail custody to serve out the sentence of life imprisonment awarded to one Nirmal Kumar Singh, the convict of Sessions Trial No. 20 of 1980, on the ground that the petitioner is never the convict Nirmal Kumar Singh, rather he is the brother of Nirmal Kumar Singh, who has already died in a boat mishap.
(2.) THE facts giving rise this application are that a case was lodged against one Nirmal Kumar Singh and Zamil Mian @ Zamil Khan for committing murder of one Budhdev Chatterjee @ M. Chatterjee and also for causing injuries to the witnesses. On submission of the charge -sheet, Nirmal Kumar Singh, was put on trial in Sessions Trial No. 20 of 1980, on being found guilty for the charges, was awarded with imprisonment for life. Thereupon, Nirmal Kumar Singh preferred Cr. App No. 89 of 1986 and was granted bail, during the pendency of the appeal but the appeal ultimately got dismissed, vide judgment dated 3.8.1988. Being aggrieved with that judgment, Nirmal Kumar Singh, filed S.L.P. (Cr.) No. 2398 -99 of 1988 which was dismissed for default on 8.8.1994 as surrender certificate was not filed in spite of opportunities being given to him. Further case is that said Nirmal Kumar Singh and several others died by drowning in the Ganges in a boat mishap occurred on 6.8.1988 at Manihari Ghat and for that, compensation had been given to the dependent of the deceased (Nirmal Kumar Singh). But after so many years, one Uday Shankar Singh reported the matter in the year 2006 to Bank More Police Station, Dhanbad that when his brother had gone to attend last rite of his uncle Raj Narayan Singh (father of Nirmal Kumar Singh) at Varansi, he saw Nirmal Kumar Singh over there, who was being known as Narendra Pratap Singh, whose name was also there in the invitation card as son of Raj Narayan Singh but Raj Narayan Singh had no son by the name of Narendra Pratap Singh and then he could realize that all the family members by hatching conspiracy, declared Nirmal Kumar Singh as dead and got the death certificate prepared for the reason that Nirmal Kumar Singh may not be sent jail for serving out the sentence and by doing so the family members had even taken compensation and that apart Manisha Singh, the wife of Nirmal Kumar Singh, also got her name changed as Manjula Devi.
(3.) IT further appears that when Bank More police did not lodge the case, a writ application bearing No. W.P. (Cr) No. 48 of 2006, was filed by one Uday Shankar Singh praying therein to direct Officer - in -Charge of Bank More Police Station to register and investigate the case. Thereupon, case was registered as Dhanbad (Bank More) P.S. case No. 393 of 2006 (G.R. No. 1800 of 2006) under Sections 419, 420, 467, 468, 465 and 471/34 of the Indian Penal Code. However, on another petition was filed in the said writ application wherein prayer was made to direct police official to arrest Nirmal Kumar Singh, a life convict and to remand to jail custody to serve out the sentence. Upon which, order was passed by this Court only to the effect to produce life convict Nirmal Kumar Singh before the Court concerned, so that he may be remanded to jail custody for serving out the sentence. On receiving the said order, 5th Additional Sessions Judge In -charge, Dhanbad, directed the concerned police officer to produce the life convict within a period of four weeks. Thereupon Officer -in -Charge, Dhanbad police station sent a letter dated 9.5.2008 to Assistant Public Prosecutor stating therein that Nirmal Kumar Singh is in judicial custody in connection with Dhandbad (Bank More) Police Station case No. 393 of 2006 and, therefore, steps be taken for his remand in Sessions Trial No. 20 of 1980. When the matter was moved by learned Assistant Public Prosecutor, the concerned Court issued production warrant on 17.6.2008 against Nirmal Kumar Singh for his production in Sessions Trial No. 20 of 1980. Pursuant to that, when Nirmal Kumar Singh was produced before the Court, learned Court keeping in view the order passed in Cr. App. No. 89 of 1986 (R) and the connected matter as well as order passed in writ application No. 48 of 2006, issued conviction warrant for serving out the sentence, though a petition had also been filed on behalf of Narendra Pratap Singh to the effect that he is never Nirmal Kumar Singh but no order was passed on that petition. Being aggrieved with the said order, this writ application has been filed.;