PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:
The present criminal appeal has been preferred under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the judgment of acquittal dated 21.10.2024 passed by the learned Exclusive Special Judge, SC/ST, Patna in Special Case No. 80 of 2022, arising out of Phulwarisharif P.S. Case No. 305 of 2022, whereby Respondent Nos. 2 to 6 have been acquitted by the learned trial court from the charge of Sections 302, 120(B)/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989.
2. The prosecution case, in brief is that one Santosh Choudhary (deceased), who is the eldest son of the informant, married with Shakuntala Devi about 7-8 years ago in love without the consent of the informant's family. The deceased had two sons out of the said wedlock. Later on, it was found that Shakuntala Devi was already married, and her conduct was allegedly 'not good'. The informant alleged that Shakuntala Devi used to keep the deceased under her control and a few days after the marriage, both of them started living in a rented house in Nohsa. Informant further stated in his application that about 2-3 years back, the deceased came back to his parent's house, and told him that Shakuntala Devi had illicit relations with one Md. Saddam and due to this, there was a quarrel between the son and his wife. Informant further stated that he advised his son Santosh Chaudhary that if this is the case, then he can stay with his father, but after a few days, Santosh Chaudhary went back to his wife's house. In the meanwhile, Santosh Chaudhary frequently visited his parent's house, and told his father that Shankuntala Devi and Md. Saddam always used to scare and threaten him. Just 4-5 days before the alleged occurrence, the deceased again told him that he had caught Md. Saddam and his wife Shakuntala Devi red handed which led to a lot of arguments and quarrel between them during which Md. Saddam threatened to kill him. The informant again advised his son to come and live with him, but he refused and on 23.03.2022, at around 9:00 pm, his son, Santosh Chaudhary was stabbed to death near the tank at Nohsa Road. The informant further stated that he has full confidence that Md. Saddam and Shakuntala Devi have conspired together to murder his son, Santosh Chaudhary.
3. The police after investigation, found that Respondent Nos. 2 and 3 had conspired with Respondent Nos. 4 to 6 for the alleged occurrence, and the accused persons were arrested based on the Call Detail Record (CDR) of the respondents obtained by the police, they were charged in the present case.
4. On the basis of written statement of the informant, Phulwarisharif P.S. Case No. 305 of 2022 was instituted under Sections 302, 120(B)/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act and investigation was taken up by the police. The police after investigation submitted charge sheet against Respondent Nos. 2 to 6 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons under Sections 302, 120(B)/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act to which they pleaded not guilty and claimed to be tried.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxMjYjMjAyNSMxI04=-r0BoaNljR0A=
Disclaimer: Curated by HT Syndication.
