Documenti di Didattica
Documenti di Professioni
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2) Sunil Khaware,
S/O Sh. Bardhan Khaware,
R/O Vill. Maheshmara, Distt.
B. Deoghar, .
3) Ashish Thakur
S/O Late Sh. Atul Krishna Thakur,
R/O Harihar Singh Road,
Morabadi, Tagore Hills, Distt.
Ranchi, .
J U D G M E N T :-
Court Cases 247, “State of H.P. Vs. Lekh Raj And Another.”
who was evading to part with. It is also alleged that said Sh.
Nath Jha had disclosed about this aspect to his mother Smt.
p.m. Sh. Shashi Nath Jha visited the tea shop of Sh. Bali
car stopped opposite said shop and two persons, came out of
the said car and insisted for purchasing cigarette and Bali
being known to Shashi Nath Jha talked with Sh. Shashi Nath
Jha and after some time suddenly they pushed Sh. Shashi
Nath Jha inside the car and said car speded away from the
spot.
-:9:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
missing report of Sh. Shashi Nath Jha was got lodged by his
post North Avenue vide D.D. NO. 19, copy of which is EX. PW-
45/B but said Sh. Shashi Nath Jha was not found traceable.
EX. PW-43/A.
Branch also could not get any positive result, said mother of
village Tikra Toli, District Ranchi and he was seen there in the
Said Sh. Shashi Nath Jha was thereafter taken to the house of
Nand Kishore Mehta, where liquor and meat were served at the
woke up and saw Sh. Shashi Nath Jha lying on the ground
and Nand Kishore Mehta hitting him with a heavy iron rod on
house and saw that body of Shashi Nath Jha being removed
-:12:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
Bhattacharya along with one lady also came out from the
house of Nand Kishore Mehta and sat in said car, which left
had noticed half buried human body near a pond in the village
thereafter body of Sh. Shashi Nath Jha was shifted from the
17/A and as per said report age, sex and injury over the skull
and time of death found matched with that of Sh. Shashi Nath
Nath Jha) and the injuries on that skull, were ante mortem
already died and said Shibu Soren also offered to get admitted
court of Sh. Ajit Bharihok, the then Ld. A.S.J. Delhi and
to this court.
-:16:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
under :-
Thakur.
Nandu and
them, the accused persons pleaded not guilty and claimed for
trial.
narrated bellow :-
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S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
hostile.
tea shop at Dhaula Kuan, where Sh. Shashi Nath Jha visited
party along with victim and some other accused at the house
statement U/S 164 Cr. P.C. was also got recorded on dt.
village Tikra Toli, Distt. Ranchi and knew Shashi Nath Jha
Nath Mehta and others along with a goat going towards the
the victim Sh. Shashi Nath Jha going towards the house of
of the body of said Sh. Shashi Nath Jha from the house of
Bhattacharya along with one lady also came out from the
formal witness.
Oraon (PW-4) and Sh. V.K. Pandey (PW-45) and proved said
had seen him along with one dark complexioned lady Tara
formal witness.
Sh. Shashi Nath Jha and prepared report, which is EX. PW-
the sex, age, injury over skull and time of death found to be
material witness.
the fact Shibu Soren though one Bhaskar had offered him
material witness.
witness.
victim Sh. Shashi Nath Jha. She deposed to the effect that
effect that he has already died. She also deposed that when
her grandmother told him that she would lodge a report with
CBI, Shibu Soren stated, “MAIN KHUD CBI HUN” She also
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CBI Vs. Shibu Soren etc.
deposed to the effect that Shibu Soren had offered to get her
and her sister admitted in Day Boarding School and pay for
deceased Sh. Shashi Nath Jha and she has deposed in the
Delhi, who had recorded the statement U/S 164 Cr. P.C. of
is a formal witness.
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CBI Vs. Shibu Soren etc.
witness.
witness.
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CBI Vs. Shibu Soren etc.
witness.
formal witness.
Toli and who know accused Nand Kishore Mehta very well.
Soren. Shibu Soren and his party members used to visit the
deposed that the previous I.O. D.S.P. Jasbir Singh has since
expired.
accused persons U/S 313 Cr. P.C. were recorded in which the
Sunil Khaware and Sh. R.K. Naseem, Advocate, Ld. Counsel for
Sh. Bali Karan Pandey (PW-3) and said PW-3 have identified in
Anil Kumar Pancholi and PW-3 Sh. Bali Karan Pandey, who
that as the said PW-1 Sh. Lekhraj, PW-2 Sh. Anil Kumar
Pancholi and PW-3 Sh. Bali Karan Pandey did not support the
but it does not mean that their entire deposition are treated to
said PWs have resiled from their earlier statement and not
Special P.P. for CBI that from the deposition of PW-3 Sh. Bali
Dhaula Kuan while he was closing his shop and being his
at the request of said Sh. Shashi Nath Jha, PW-3 Sh. Bali
P.P. has also taken me through the deposition of PW-3 Sh. Bali
Karan Pandey, who stated that said two persons after talking
for some time with Sh. Shashi Nath Jha, pushed him into the
car and thereafter said car left the spot. Ld. Special P.P. for
C.B.I., thus, stressed that from the deposition of PW-3 Sh. Bali
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S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
by Ld. Special P.P. that as Sh. Shashi Nath Jha was found
brother Sh. Amar Nath Jha (PW-19) vide D.D. NO. 19 dated
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CBI Vs. Shibu Soren etc.
22.5.1994 and was murdered in the last week of May, 1994 i.e.
presumed that Sh. Shashi Nath Jha was abducted for murder
-:43:-
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CBI Vs. Shibu Soren etc.
and therefore Sec. 364 IPC is clearly made out as against both
the said accused persons. It is, thus, urged by Ld. Special P.P.
about 11.00 p.m. from Dhaula Kuan, New Delhi and hence
witnesses are - (1) Sh. Charu Oraon (PW-4), (2) Dr. Gautam
added by Ld. Special P.P. for C.B.I. that Sh. Charu Oraon (PW-
drink party in which deceased Sh. Shashi Nath Jha and other
seen the incident of striking iron rod on the head of Sh. Shashi
by Ld. Special P.P. for C.B.I. that the said part of the
carrying out Shashi Nath Jha from the house of accused Nand
with one lady coming out from the house of Nandu and
thereafter sitting in the said car along with two other and after
that said car left the spot being followed by accused Nand
is also added by Ld. Special P.P. for C.B.I. that after 2-3 days
is also added by Ld. Special P.P. for C.B.I. that after about one
week of the said incident when Sh. Charu Oraon (PW-4) had
said person was killed, Posho stated to have replied, “that man
should not worry about him. Ld. Special P.P. for C.B.I. have
Ld. Special P.P. for C.B.I. that the material part of the
could not be of any help for the accused and the same cannot
remains along with some other articles were got recovered from
dogs earlier. It is also added by Ld. Special P.P. for C.B.I. that
it appears that after said hearing in the village said dead body
also added by Ld. Special P.P. for C.B.I. that said human
mortem examination and same was got done by Dr. Ajit Kumar
17/A his opinion regarding sex, age, injury over the skull, time
Jha. It is also added by Ld. Special P.P. for C.B.I. that Sh.
Nath Jha and have prepared his report EX. PW-16/A, wherein,
of Sh. Shashi Nath Jha. It is also added by Ld. Special P.P. for
indicate as under :-
metal rod causing the said injury cannot be ruled out. It is,
thus, urged by Ld. Special P.P. for C.B.I. that the aforesaid
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CBI Vs. Shibu Soren etc.
village Piska Nagri, Distt. Ranchi as per the recovery memo EX.
for C.B.I. that no doubt the Ld. Defence Counsel have tried to
said part of the dead body is of one Aleem, who was murdered
but those PWs have not supported the said stand of Ld.
successfully proved its case to the effect that Shashi Nath Jha,
accused Nand Kishore Mehta while taking drink and meat and
Charu Oraon (PW-4) while striking a thick iron rod on the head
of Shashi Nath Jha and bleeding from his head and thereafter
removal of the body of Sh. Shashi Nath Jha from the house of
and sitting in the said car and thereafter leaving of said car
-:53:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
dead body and snatching of dogs upon it, near brick klin of
Posho.
Shibu Soren who had received huge sum as bribe for voting
is also added by Ld. Special P.P. for C.B.I. that it was the very
stated to have left for Bokaro on 17th /18th May,1994 and came
distance from the place Village Tikra Toli, Distt. Ranchi, where
of case.
danger to his life from accused Shibu Soren and he had stated
(8) In the year 1995 i.e. after the incident, the accused
Nath Jha, one Sh. Sushil Kumar (PW-36) and wife and son of
accused Shibu Soren were made partner but in April, 1994 Sh.
part with.
and said D.N.A. Reports were not exhibited, the same cannot
Sh. Shashi Nath Jha and as a result of which said Shashi Nath
Kuan, Delhi and thereafter said Shashi Nath Jha was handed
Shashi Nath Jha was given full drink and meat and ultimately
partly buried dead body, the same was removed from the said
Jha. Thus, Ld. Special P.P. for C.B.I. urged that prosecution
P.P. for C.B.I. also referred and relied upon the following
accused persons :-
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CBI Vs. Shibu Soren etc.
about 11.00 p.m. from Dhaula Kuan and prosecution has got
two formal PWs, namely, Sh. Lekhraj (PW-1) and Sh. Anil
for accused Sunil Khaware that PW-3 Sh. Bali Karan Pandey
Shashi Nath Jha and said fact is found corroborated from the
neither PW-1 Sh. Lekhraj nor PW-2 Sh. Anil Kumar Pancholi
that as PW-1 Sh. Lekhraj and PW-2 Sh. Anil Kumar Pancholi
Counsel that it is even not the case of the prosecution that this
time of removal of the body of Sh. Shashi Nath Jha in the said
persons for abduction and murder of Sh. Shashi Nath Jha and
made by Sh. R.K. Naseem, Advocate, Ld. Counsel for all the
Jha, there are only three witnesses, namely, (1) PW-1 Sh.
Lekhraj, (2) Sh. Anil Kumar Pancholi and (3) PW-3 Sh. Bali
Karan Pandey, who have been examined by the CBI, but none
about 11.00 p.m. when Sh. Shashi Nath Jha was present at
his shop two persons got down from the Ambassador car, came
said Shashi Nath Jha but their basic purpose was to purchase
also added by Mr. Naseem, Ld. Counsel, even, as per the case
in village Tikra Toli along with others also ruled out the case of
abductor nor PW-3 Sh. Bali Karan Pandey has identified the
Ashish Thakur were seen at the village Tikra Toli with Shashi
Nath Jha on that day and the same exonerate both these
further added that since PW-3 Sh. Bali Karan Pandey is the
the prosecution itself. It is also added that once the case of the
of Sh. Shashi Nath Jha, who were examined before this Court
as PW-18 Sh. Vijay Nath Jha, PW-19 Sh. Amar Nath Jha, PW-
that Shibu Soren did whatever was possible from his side on
and not to name anyone because they do not know about any
Shashi Nath Jha and to bear further expanses are only out of
that it is Shashi Nath Jha, who was killed and thereafter his
-:72:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
Ld. Defence Counsel that both the DNA Reports negate the
receive the said dead body which also negate the stand of the
and not any such jeans pant, belt, kara etc as found
Gautam Sharma and PW-6 Sh. Sudhershan Soni are not found
that it is only after the recovery of the part of the dead body on
Mehta striking iron rod on the head of Shashi Nath Jha, he left
Sudershan Soni, who also stated to have came out from his
-:75:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
Sh. Sudershan Soni have not deposed to have seen Sh. Charu
the statement of both said PWs i.e. PW-4 Sh. Charu Oraon and
Counsel that PW-4 Sh. Charu Oraon has deposed in the court
Mehta and others at about 6/6.30 p.m. and said part of the
Shashi Nath Jha then he would not have invited PW-4 Sh.
Sharma and PW-6 Sh. Sudershan Soni had seen about the
same incident to the local police by that time and same also
indicate that Shashi Nath Jha was given injury on his head by
indicate that the injury on the recovered skull could have been
prosecution but the bare fact that as said D.N.A. Report goes
retract from the said D.N.A. Report under the plea that the
Court passed the necessary order for carrying out the, D.N.A
ground that the D.N.A. Experts have not been examined before
abduction and murder of Shashi Nath Jha and none else and
persons for abduction and murder of Sh. Shashi Nath Jha, the
acquitted.
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CBI Vs. Shibu Soren etc.
the deposition of Sh. Vijay Nath Jha (PW-18), Sh. Amar Nath
Akhtar (PW-11).
Sh. Shashi Nath Jha was seen along with accused Nand
(PW-5).
statement dt. 16.9.1998, U/S 164 Cr. P.C. which is EX. PW-
28/O.
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S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
Oraon (PW-4).
record.
as under :-
Kumar (PW-36).
Kumar (PW-36).
Kumar (PW-36).
(PW-18), Sh. Amar Nath Jha (PW-19) and Smt. Priyambda Devi
(PW-20).
from the missing report D.D. NO. 19 dated 24.5.1994, EX. PW-
-:88:-
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CBI Vs. Shibu Soren etc.
45/B and F.I.R. No. 168/94, U/S 365 IPC, P.S. Parliament
(PW20).
3).
Mehta, Dilip Mehta taking out body of Sh. Shashi Nath Jha
came out of the house of Nandu Mehta, sat in the car along
with two other persons and thereafter said car left the spot
and asked him about lying of said dead body near his brick
(PW4) coupled with statement U/S 164 Cr. P.C. dt. 16.9.1998
EX. PW-28/O.
(PW-25).
Jha (PW-18).
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CBI Vs. Shibu Soren etc.
withdraw the case and to take Rs. 3-4 lacs, through one
making efforts for tracing Shashi Nath Jha and they should
Khan (PW-9)
Photographer (PW-7).
one Metal Kara, one jean's pant “Brand sticker” etc. were
under :-
his opinion regarding sex, age, injury over the skull and
and he opined that said skull item no-1 matched with that
indicating :-
nature.
and Sh. Charu Oraon (PW-4) coupled with report EX. PW-16/A
Pandey (PW-45).
Nand Kishore Mehta and sat inside said car, which left
shop and gave cigarette to him and closed the shop. In the
mean time one white Ambassador car came there and one
person came out from said car and asked him to give cigarette
Said PW-3 Sh. Bali Karan Pandey further added that actually
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S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
two persons came out from the said car but one of them had
asked for the cigarette. He also added that those two persons
talked to Sh. Shashi Nath Jha and they pushed Sh. Shashi
Nath Jha into the car and thereafter the said car left the spot.
came on that day to his shop and abducted Sh. Shashi Nath
the cross-examination by Ld. Spl. P.P. for C.B.I. both PW-1 Sh.
same stand and denied the suggestion that Sh. Bali Karan
2 Sh. Anil Kumar Pancholi and PW-3 Sh. Bali Karan Pandey, it
said Sh. Shashi Nath Jha was found missing from 22.5.1994,
his brother Sh. Amar Nath Jha (PW-19) lodged the missing
19/A, F.I.R. bearing No. 168/94, U/S 365 IPC was got
and thereafter said Sh. Shashi Nath Jha was seen taking
liquor and meat along with accused Nand Kishore, Ajay Kumar
Oraon, who also attended said party and after taking liquor he
striking iron rod twice on the head of Sh. Shashi Nath Jha and
-:111:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
on the same and said PW-4 Sh. Charu Oraon being terrified
the body of Sh. Shashi Nath Jha from the house of Nand
with one lady also came out from the house of Nand Kishore
Mehta and sat in the said car which left the spot being followed
the said village Tikra Toli about snatching of dogs over a partly
Mehta and after about one week of said incident when Sh.
as the Crime Branch also could not show positive result in the
vide Post Motem Report EX. PW-17/A and as per his opinion,
the age, sex, time of death matched with that of deceased Sh.
skull was also got done with the help of enlarged photograph of
under:-
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CBI Vs. Shibu Soren etc.
defence counsel tot he effect that as Sh. Shasi Nath Jha did
not raise any alarm at the time of his pushing into the car by
was found seen roaming in village Tikra Toli in the last week of
persons, who were talking to Sh. Shasi Nath Jha in front of his
shop pushed him into the car and thereafter said car speeded
place between Sh. Shasi Nath Jha and those two persons and
mere that fact that Sh. Shasi Nath Jha did not raise any alarm
from the same. Further more, as said Sh. Shasi Nath Jha was
found killed and his body was seen to be removed from the
that Sh. Shasi Nath Jha was abducted for the purpose of
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CBI Vs. Shibu Soren etc.
murder on 22.5.94 from Delhi and therefore the case U/S 364
removal of dead body of Sh. Shasi Nath Jha, I do not find any
Sh. Charu Oraon, PW-5 Dr. Gautam Sharma and PW-6 Sh.
of the matter and the same cannot be treated as fatal for the
:-
under :-
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CBI Vs. Shibu Soren etc.
and PW-6 Sh. Sudershan Soni on the ground that said PWs
in Para-9 as under :-
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CBI Vs. Shibu Soren etc.
that the deposition of PW-4 Sh. Charu Oraon to have seen the
Sh. Shashi Nath Jha is also falsified from the Post Mortem
sharp cutting weapon and not by such iron rod. I do not find
view of the fact that Dr. G.R. Bhaskar (PW-32), who had
causing murder of Sh. Shasi Nath Jha and for disposal of his
dead body and no one else and as the prosecution could not
Counsel kept his reliance upon the both D.N.A. Reports dt.
Nath Jha and both said reports clearly indicate it was not
Counsel also added that the plea of the prosecution that said
the recovered skeleton parts is not that of Sh. Shashi Nath Jha
is also found supported from the Post Mortem Report EX. PW-
17/A, which indicate the injury on the skull, could have been
caused by sharp cutting and not by any iron rod, which is the
S.C. 2226”, to the effect that the result of the DNA Report is
the missing report EX. PW-45.B said Sh. Shashi Nath Jha was
added that the recovered articles like jean's pant sticker and
kara also negate the recovered body is that of Sh. Shashi Nath
Jha and the accused persons have been charged for abduction,
murder and removal of dead body of Sh. Shashi Nath Jha, the
said DNA Reports have been placed on record, I do not feel any
shy for considering the same. No doubt, both the DNA Reports
recovered skeleton is that of Sh. Shashi Nath Jha but there are
articles i.e. one orange colour cloth piece, one Metal Kara,
one jean's pant “Brand sticker” etc. were also recovered. The
deposed as under :-
opinion regarding sex, age, injury over the skull and time of
following judgments :-
17. Now the next question arises that “If the said
in Para-4 as under :-
Dr. Gautam Sharma and PW-6 Sh. Sudershan Soni, who are
heavy iron rod twice on the head of Sh. Shashi Nath Jha on
which profuse bleeding started and Sh. Shashi Nath Jha was
dead body from the house of accused Nand Kishore Mehta and
Bhattacharya and one lady came out from the house of Nand
Kishore Mehta and sat in the said car which left the spot being
Charu Oraon that accused Nand Kishore Mehta along with Sh.
Shashi Nath Jha and two other persons were taking meat and
(EX. P-1) as of said Jhaji has been identified by said PW-4 Sh.
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CBI Vs. Shibu Soren etc.
and after seeing the said incident PW4 Sh. Charu Oraon got
terrified and immediately ran away from the spot. Said part of
accused Nand Kishore Mehta) came out from his house and
and Ajay Mehta removing the body of Sh. Shashi Nath Jha
Bhattacharya along with one lady also came out from the
house of Nand Kishore Mehta and sat in the said car, which
heavy iron rod twice on his head and after ensuring that Sh.
Shashi Nath Jha had already died, he along with other co-
in the court that after about one week of said incident when
human dead body near brick klin of Nand Kishore Mehta when
came to the notice of village it appears that said dead body has
Nandu and for offence punishable U/S 201 IPC for causing
Jha, thereby, removing the dead body of said Sh. Shashi Nath
Bhattacharya.
Sh. Shashi Nath Jha from accused Shibu Soren. I do not find
Shashi Nath Jha was murdered and thereafter his dead body
and handed over him to other accused at village Tikra Toli for
Thakur that the deceased Shashi Nath Jha w2as seen in their
Tikra Toli nor said accused were seen in the said drink party
they were seen along with other accused while removing the
Para-12 as under :-
guilty man does not escape. Both are public duties.” [ (1994
other than the truth. [ (1973) 2 SCC 793 : 1973 SCC (Cri)
Explanation- It is immaterial
whether the illegal act is the ultimate
object of such agreement, or is merely
incidental to that object.”
as under :-
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CBI Vs. Shibu Soren etc.
India as under :-
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CBI Vs. Shibu Soren etc.
under:-
reported in 1997 (43) D.R.J. 108 “P.V. Narsimha Rao Vs. CBI”,
under :-
Motion”.
stated to have left for Bokaro on 17th /18th May,1994 and came
distance from the place Village Tikra Toli, Distt. Ranchi, where
of case.
danger to his life from accused Shibu Soren and he had stated
(8) In the year 1995 i.e. after the incident, the accused
Nath Jha, one Sh. Sushil Kumar (PW-36) and wife and son of
-:168:-
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CBI Vs. Shibu Soren etc.
accused Shibu Soren were made partner but in April, 1994 Sh.
part with.
and thereafter said Shashi Nath Jha was handed over to other
Jha was given full drink and meat and ultimately in the
buried dead body, the same was removed from the said place
during their examination U/S 313 Cr. P.C. before this Court.
dragged him in this case nor he has got examined any defence
Jha and is the complainant in this case and it is not even the
stand of accused Shibu Soren that said Sh. Amar Nath Jha
given as under :-
A. It is incorrect.
A. I do not know.
A. It is incorrect.
A. It is incorrect.
A. It is incorrect.
A. It is incorrect.
A It is incorrect.
him and since when, nor he pointed out any rival political
under :-
A. I do not know.
A. I do not know.
?
A. I do not know.
A. I do not know.
A. I do not know.
A I do not know.
In response to Que. No. 127 said accused Pashupati
Nath Mehta @ Posho responded as under :-
under :-
A. I do not know.
A. I do not know.
A. I do not know.
A. I do not know.
A I do not know.
not given any explanation about any political enemity for his
under :-
A. It is incorrect.
A. It is incorrect.
A. It is incorrect.
A. It is incorrect.
A. It is incorrect.
A It is incorrect.
circumstantial evidence.
Nath Mehta @ Posho, (4) Ajay Kumar Mehta @ Dilip and (5)
Nath Jha.
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CBI Vs. Shibu Soren etc.
under:-
accordingly.
guilty for offence punishable U/S 120-B r.w. Sec. 364/302 IPC
is convicted accordingly.
offence punishable U/S 120-B r.w. Sec. 364/302 IPC and for
accordingly.
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CBI Vs. Shibu Soren etc.
for offence punishable U/S 120-B r.w. Sec. 364/302 IPC and
convicted accordingly.
guilty for offence punishable U/S 120-B r.w. Sec. 364/302 IPC
convicted accordingly.
point of sentence.
ORDER ON SENTENCE :-
Dilip and (5) Pashupati Nath Mehta @ Posho, I have heard Sh.
A.K. Singh, Ld. Special P.P. for C.B.I., Sh. R.K. Anand, Senior
convicts and perused the case record for passing this order on
sentence.
Ld. Counsel for convict Shibu Soren that the convict Shibu
Chaubey, Ld. Counsel that these four convicts are also first
as under:-
doubt about it that the murder of Sh. Shashi Nath Jha had
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CBI Vs. Shibu Soren etc.
family members of the deceased Sh. Shashi Nath Jha, who are
Nath Jha. Further more, from the perusal of the case record it
that the local Delhi Police could not make any head way in the
Branch. But, even the Crime Branch also could not show any
also reflected from the case record that said Smt. Priyambda
Jha and Sh. Amar Nath Jha, both brothers of the deceased,
1998 (SC) 3164 “State of Gujrat & Anr. Vs. Hon'ble High
pursuance of Sec. 357 (1) (c) Cr. P.C. it is only the persons,
Act, 1855 are only entitled for compensation for loss due to
the wife, husband, parent and child, if any of the deceased are
entitled for damages due to death and as per Sec. 4 of said Act
the word “Parent” shall include father and mother and the
entitled for compensation as per Sec. 357 (1) (c) Cr. P.C.
punishable U/S 120-B r.w. Sec. 364/302 IPC and as per Sec.
-:209:-
S.C. NO. - 3/06
CBI Vs. Shibu Soren etc.
120-B (1) IPC the said accused can be punished in the same
punishable U/S 364 and 302 IPC and therefore Sec. 357 (1) (c)
Shibu Soren and the fact that the family of the deceased
undergo additional R.I. for one year. In case said fine amount
contemplated U/S 357 (1) (c) Cr. P.C. and a sum of Rs. 1 Lac
Jha.
(2) SCC 684” and “Machhi Singh & Others Vs. State of
India.
three years and a fine of Rs. 5000/- (Five Thousand only) and