Criminal Law case: HMG v. Rameshwar Raut Barai & Others, NKP(2041), No.4, DN:1970 (3rd Semester TU)
Case: Disappearing the Corpus after Murder
Appellant/Plaintiff: HMG on behalf of Baldeb Barai
Opponent/Defendant: Balram Raut Barai, Rameshwar Raut Barai and Sabitri Devi Barai
Decision No: 1970
Case related to territorial Jurisdiction
Fact of the case:
Raj Kumar went missing, while searching for him, his family members came to know that, Balram Raut, Rameshwor Raut and Sabitri had killed Raj Kumar and made his body disappeared in India.
FIR filed by Baldeb Barai accusing Rameshwor, his wife Sabitri and his grandson Balram of the murder and disappearing the dead body of his minor son Rajkumar, FIR had registered in police.
Court Decision:
Police had filed case against Balram Raut, Rameshwor and Sabitri Debi as per the Sec 13(3) of the chapter on life. Matter brought into the Saptari District Court.
Balram confessed before the police, that he had taken Rajkumar to India, Madhepura where he pushed him in a river. But Balram had changed his statement Infront of the court and said he told that because of the fear of the police. Similarly both Sabitri Devi and Rameshwor had refused to the allegation.
Saptari District Court dismissed the case arguing lack of jurisdiction in the view of fact that the crime was committed in Indian territory. So case quashed due to territorial jurisdiction.
The decision of the Saptari District Court was upheld or confirmed by Eastern Regional Court, Dhankutta.
Appeal was filed on behalf of HMG to Supreme Court.
Fact in issue:
Whether the case was filed under jurisdiction or not ?
The decision made by former court were appropriate or not?
Supreme Court: Said that Sec 29(2) of the chapter of court proceeding has provided that the following cases shall be tried by the court in the territory where the crime is committed. The given case was happened in Indian territory. So, the decision of former court (Saptari District Court & Eastern Regional Court) are appropriate as per legal provision.
Principle Established:
Case punishable under the homicide shall be conducted by the court of area where the offence was committed.
