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2024 Supreme(Jhk) 149

SANJAY KUMAR DWIVEDI
Shamsher Alam @ Raja Babu – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K. Kashyap, Sr. Advocate, Mrs. Lina Shakti, Advocate
For the Respondent:Mr. V.S. Sahay, Advocate

JUDGMENT :

Sanjay Kumar Dwivedi, J.

The petitioner has challenged the order dated 9.06.2016 passed by the learned Additional Sessions Judge-III, Garhwa in S.T. No.29/2015, arising out Garhwa P.S. Case No.512 of 2014 under section 302/ 34 of the IPC read with section 120B/34 IPC whereby the learned court has been pleased to allow the petition under section 311 Cr.P.C pending in the court learned Additional Sessions Judge-III, Garhwa.

2. The F.I.R has been registered alleging therein that on 18.08.2014 at about 8.00 a.m. the informant’s husband Balindra Kumar Singh, who had gone to Ranka on Hero Honda Motorcycle bearing No.JH14A-2022 but did not return in the evening. The informant tried to contact him on his Mobile No.94311 36643 and 89368 30074 but both were switched off. The informant suspected some mishappening and started searching her husband with the help of neighbours but did not find any clue till 19.8.2014. Thereafter the informant filed written information at the police station on 19.08.2014. On 21.08.2014 the informant came to learn that dead body of her husband kept in gunny bag was dropped in the well in a lonely place situated in village Tildag. The dead body was identifi

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