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2012 Supreme(SC) 2510

CYRIAC JOSEPH, GYAN SUDHA MISRA
Jarasindhu Choubey – Appellant
Versus
Amesh Chaubey @ Amresh Chaubey – Respondent


Advocates Appeared:
For the Appellant :- M/s. Rajiv Shankar Dvivedi and Praveen Kumar Singh, Advocates.
For the Respondent:- M/s Gopal Singh Chandan Kumar and Akhilesh Kumar Pandey, Advocates.

ORDER :

1. Leave granted.

2. The appellant is the informant in FIR No. 16 of 2009 registered at Chutia Police Station. Respondent No.1, Amresh Chaubey, is one of the accused in the case. The offences alleged are under Sections 366, 120B/34 and 302 Indian Penal Code.

3. According to the allegations, the appellant's unmarried daughter Vandana Kumari aged 19 years was in love with respondent No.1 and when it was known that she had become pregnant, respondent No.1 with the aid of the co-accused brought her out of her house and strangulated her to death in a Rahar field and the dead body was stuffed in a sack and thrown in river Sone. The appellant, who worked at Garhwa in Jharkhand, got information that Vandana Kumari had gone missing from 9.11.2009 and he returned to his village and after making enquiries lodged the FIR in Chutia Police Station in the morning of 13.11.2009 under Sections 366, 120B/34 Indian Penal Code. After the dead body of Vandana Kumari was recovered from the river in the afternoon of 13.11.2009, Section 302 Indian Penal Code was also added in the FIR. The post-mortem of the deceased was conducted on 14.11.2009. As per the post-mortem report, the cause of death was st

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