PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:

Heard Mr. Raj Kumar Rajesh, the learned counsel for the petitioners, Mr Binod Murari Mishra, the learned counsel for the Informant and Mr. Aditya Narayan Singh-1, the learned A.P.P. for the State.

2. The present application has been filed against the order dated 13.09.2024 passed by learned C.J.M., Nalanda at Biharsharif in Deepnagar P.S. Case No. 338 of 2022 (G.R. No. 1005424/2020) whereby cognizance under Sections 302, 120(B) and 34 of the I.P.C. has been taken against the petitioners upon submission of supplementary charge-sheet.

3. The present application has arisen out of Deepnagar P.S. Case No. 338 of 2020 which was lodged by one Prabhuwan Prasad alleging therein that the marriage of the informant's third daughter, Neha Kumari was solemnized in the year 2010 with one Ravi Kumar. It is further alleged that on 02.10.2020 the mobile phone of the daughter and son-in-law of the informant were found to be switched off and on suspicion, the informant arrived at the house of his daughter and found the door locked and foul smell was coming out from the locked room. The informant further alleged that on suspicion, the police was informed, who came and broke the lock and it was found that the informant's daughter, Neha Kumari, son-in-law, Ravi Kumar and granddaughter Jenni and grandson Ahan were lying dead. The informant suspected that the named accused persons including the petitioners were behind the conspiracy in killing them all.

4. The learned counsel for the petitioners submit that initially one Devnand Paswan had come forward stating therein that five named accused persons were seen entering the house of the deceased and they had also threatened him not to disclose anything.

It is further submitted that the police arrested the said five accused persons and recorded their confessional statements and even in their confessional statements, the name of the petitioners did not surface and subsequently charge-sheet was submitted against the five accused persons and supplementary investigation was kept pending against the present petitioners and others. The learned counsel next submits that the trial against those five accused persons proceeded and they have been convicted in this case, however, the police upon further investigation submitted a supplementary charge-sheet no. 404/2022 against the present petitioners for offences under Sections 302, 120B, 34 of the I.P.C.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM3NDM0OSMyMDI0IzEjTg==-kopGv--am1--xTrWQ=

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