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HC exonerates CM him in a 28-yr-old murder case

PATNA: In a huge reduction to CM Nitish Kumar just sooner than the Lok Sabha polls, the Patna high court on Friday quashed the cognizance taken against him through ACJM court in Barh in a 28 yr previous homicide case of Sitaram Singh. With this exoneration, Nitish has now no felony case pending against him.
A bench of Justice Ahsanuddin Amanullah, while terming the prosecution against Kumar as malafied, untenable and solely intended to annoy the petitioner, quashed all the felony continuing arising out of the complaint case filed sooner than the ACJM court against Nitish.

Justice Amanullah imposed a token value of Rs 1,000 on intervener petitioner cum Sitaram’s more youthful brother Radhakrishna Singh for adopting techniques to delay court proceedings on the issue.

Sitaram was shot useless in Dibhar center faculty premises underneath Pandarak police station area in Barh during voting on November 16, 1991.

His brother Rajaram Singh, cousin Ashok Singh along side Suresh Singh, Mauli Singh, Mannu Singh and Rambabu had won accidents.

Rajaram had recorded his commentary sooner than police against Kumar, then Mokama MLA Dilip Singh, Dular Chand Yadav, Yogendra Yadav, Baudhu Yadav, Shiv Narayan Yadav and others on basis of which an FIR was registered against them. Nitish, then was a candidate of Janta Dal.

Police later filed chargesheet against 3 aside from Nitish and Dular as no evidence was discovered for his or her involvement in case. Police, in chargesheet had also discussed that regardless that allegation against rest were discovered to be true but there was inadequate evidences against them.

The topic kept lingering sooner than ACJM court till August five, 2008 when it in the end took cognizance over chargesheet.

Later Ashok filed a protest-cum-complaint petition against Nitish and Dular on January 20, 2009 on which ACJM court took cognizance against them on August 31, 2009. Cognizance was taken even after high court had stayed court proceedings over the homicide case on April 22, 2009.

Nitish and Yogendra had moved high court on separate occasions for quashing of cognizance taken against them through the ACJM court regardless that the complaint case and charesheet respectively. Hearing on Yogendra’s petition is at this time going on sooner than high court.

The bench, while quashing proceedings, noticed proven fact that Ashok had filed petition even when deceased’s members of the family were not having any criticism against police’s chargesheet and additionally, he didn't have any locus standi now not being the informant.

Justice Amanullah had also noticed that complaint petition was filed through Ashok after 16 years of submitting of chargesheet and a number of other months after cognizance was taken over it through court.

He also noticed in judgement that Ramnanand Singh and Kailu Mahto, who had deposed sooner than ACJM court on basis of which cognizance was taken against Nitish, had later given a commentary sooner than Justice of the Peace that they were neither witness to the homicide case and had deposed on behest of different individuals.

“As such, the Court has no hesitation to document a discovering that the Protest-cum-Complaint Petition itself was mala fide, frivolous, mischievous, with none basis and in truth, completely false and fabricated,” Justice Amanullah noticed in his judgement.

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