Complainant Versus Sh
and others
Present Complainant
along with his counsel.
Brief facts as alleged in the
private complaint are that deceased was sister of the complainant who was wife
of accused No.1. That accused No.2 is
sister and accused No.3 is niece
of complainant and now accused
No.3 is wife of accused No.1. That on 00.00.0000 at 07:00 PM, accused No.1
along with his wife deceased and
daughter were returning from city after getting medicines. When they reached near mobile phone tower of the village, accused No.1 stopped the
motorcycle where accused except
No.2 and 3 were also present in connivance with accused No.1 in order to give the occurrence a
colour of dacoity. Ko was a hurdle
in marriage between accused No.1 and accused No.3. Accused Ws armed with pistol, An armed with repeater, Ar armed with Kalashnikov, Mi
armed with Kalashnikov, Sr
armed with pistol, Sm empty handed
and Ad armed with pistol were
present on the spot. Accused No.1 Sh
made fire with pistol which landed near ear of Ko who succumbed to injuries on the spot. The occurrence was witnessed
by In and Sd. That the
accused persons also took away purse of Ko
containing Rs. 00000/-. It is further alleged in the complaint that accused
No.1 developed illicit relations with accused No.3 and he wanted to marry her
but Ko deceased was a hurdle in
their way. Md and Ad heard in Pwal abetment consultation. It is further alleged
in the private complaint that all the accused persons murdered Ko in connivance with each other.
2. I have
heard the preliminary arguments and perused the record.
3. During
preliminary inquiry, cursory statement of the complainant was recorded and then
cursory statements of alleged eyewitnesses In
and Sz were recorded. All these statements corroborated the version
of the complainant in all material respects except that the cursory witnesses
including the complainant did not at all mention any role or even presence of
accused No.10 Zl. The private
complaint itself also does not specifically mention any role or even presence
of accused No.10. The alleged connivance of accused No.2 and his daughter
accused No.3 Kr also lends support
from marriage registration certificate
of accused No.1 Sh and
accused No.3 Kr copy whereof was
given during cursory evidence as Mark-A. This document shows that after death
of Ko, Sh and Kr entered into
marriage on 00.00.0000. There is sufficient ground for proceedings against all
the accused persons under section 109/302/392 PPC except accused No.10 Zl. ( IMPORTANT LEGAL POINT INVOLVED) Accused No.4 Wh,
accused No.5 An and accused No.6 Ar are already present in the court in
custody in connected FIR case. They stand summoned in the instant private
complaint. Accused No.1 to 3, 7 to 9 and 11 be summoned for 00.00.0000.
Announced
Judge
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