SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Pat) 743

BIRENDRA KUMAR
Bhrigunath Mandal, son of Late Basudeo Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Amit Srivastava, Girish Pandey
For the Respondent: Sadanand Paswan, SPP

JUDGMENT :

Heard learned counsel for the parties.

2. This is an appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 against refusal of the prayer of the appellant, by the learned Special Judge, Munger, in connection with Sessions Trail No.19 of 2016, to supply the referred document under Section 207 Cr.P.C.

3. The impugned order would reveal that the prayer has been refused mainly for the reason that the required document was not submitted with the police paper nor the same was available on the record.

4. Contention of the learned counsel for the appellant is that Annexure-7 is inquest report of deceased Sunny Kumar, Son of Upendra Paswan prepared on 25.04.2016 by Sub Inspector of Police Barari police station. In the inquest report, it is written at the top that Fardbeyan of this case dated 25.04.2016 has been recorded by the Officer Incharge of Haweli Kharagpur Police Station, whereas the present prosecution arises out of Munger SC/ST P.S.Case No.19 of 2016, a case under Section 302/34 of the Indian Penal Code. Contention is that if the earlier Fardbeyan would have been available, it would have made clear that earlier Fardbey













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top