STATE OF BIHAR Vs. CHANDRA BHANU SOM

JUDGEMENT

(1.) The petitioners in all the three Criminal Revision applications, referred to above, are aggrieved and dissatisfied with the order dated 24/01/2000, passed by the learned 3rd Additional Sessions Judge, Deoghar, in Sessions Trial No. 66 of 1998, whereby and whereunder, he has rejected the petition, filed by the prosecution to summon Chandra Bhanu Som (Opp. Party No. 1 in Cr. Rev. Nos. 388/2000 and 520/2001 and Opp. Party No. 2 in Cr. Rev. No. 369/2001) under Section 319 of the Code of Criminal Procedure (in short 'the Code') to face trial along with other co-accused/opposite parties. Cr. Rev. No. 388 of 2000 has been preferred by the State of Bihar (Now Jharkhand) and Cr. Rev. No. 369 of 2001 has been preferred by accused Munna Singh whereas Cr. Rev. No. 520 of 2001 has been preferred by the State of Jharkhand through the Deputy Commissioner, Deoghar.

(2.) The case of the prosecution, which is based on the Fard-beyan of Sanjay Malviya, registered as Deoghar P. S. Case No. 238 of 1997 on 9/10/1997 (G.R. No. 620 of 1997) for the offence under Section 302/34 of the Indian Penal Code, is that on 9-10-1997 Durga Puja festival was being celebrated in the campus of Durgabari, situated at Bela Bagan, Deoghar. The Puja was being organized by the local people. It is alleged that Chandra Bhanu Som (Opp. Party No. 1 in Cr. Rev. Nos. 388/2000 and 520/2001 and Opp. Party No. 2 in Cr. Rev. No. 369/2001), an I.A.S. Officer in Gujrat Cadre, wanted to disturb the Puja in order to grab the land of Durgabari premises. He discussed with the local boys to create obstructions in Durga Puja. He also utilized anti-social elements of the locality, namely, accused Samir Sinha, Munna Singh, Pintu Singh and others. Nunu Malviya (deceased), brother of the informant, was active worker of Durga Puja Samity. Accused Samir Sinha, Pintu Singh, Munna Singh and others, belonging to same group, had implicated Nunu Malviya in several criminal cases and they also threatened him to be killed. As these accused persons are the local boys, hence the informant and his brother Nanu Malviya (deceased) did not care the threatening, given by them. On 9-10-1997 accused Munna Singh (petitioner of Cr. Rev. No. 369 of 2001), Samir Sinha, Sanjay Rajbanshi, Daya Sunder Verma, Shyam Sunder Verma, Vijoy Singh, Punchu Nand Burnwal and Lalan Kumar were waiting behind the Electrical Transformer on Jasidih-Deoghar Road at Bela Bagan. As there was disturbance in supply of electricity, Nunu Malviya had gone there, who was surrounded by these named accused Samir Sinha and Pintu Singh, caught hold of Nunu Malviya and on the order of Samir Sinha to kill Nunu Malviya, accused Munna Singh (petitioner of Cr. Rev. No. 369 of 2001) fired with his pistol from blank range on the back of Nunu Malviya. Nunu Malviya on being injured fell down and died at Deoghar Sadar Hospital soon thereafter. The informant has alleged against the named accused persons that they with common intention to kill Nunu Malviya deceased entered into a conspiracy, because of the enmity, and killed him.

(3.) The police after investigation submitted charge-sheet against those accused persons. However, no evidence could be collected against Chandra Bhanu Som (Opp. Party No. 1 in Cr. Rev. No. 388/2000 and 520/2001 and Opp. Party No. 2 in Cr. Rev. No. 369/2001). After framing charges, prosecution examined 12 witnesses including P.Ws. 8 and 9, who are father and son and have deposed that it was Chandra Bhanu Som, who entered into conspiracy with other co-accused, facing trial, to disturb the Durga Puja so that the land on which Durga Mandap was constructed and Durga Puja was being celebrated in each year and which was donated by his ancestors for the purpose, should be re-claimed by him. Both the witnesses have deposed that only to grab the ancestral land, donated to Durga Puja Samiti, Bela Bagan, Deoghar, Chandra Bhanu Som disturbed the Puja and caused murder of the brother of the informant.