Basudeo vs State on 7 August, 2023
8. The order of the learned Magistrate was challenged in appeal vide Criminal Appeal No. 09 of 1985 (Ram Tirth vs. State) which had been decided by A.S.J. Karvi Banda. The learned Appellate Court, concluded that there was undue delay in lodging the F.I.R. as the alleged occurrence occurred on 09.11.1981 but why so late F.I.R. was lodged. The learned Appellate Court has also found malice behind lodging the F.I.R. on account of dispute amongst the members of Management Committee, Ragunandan Das and Subhash Chandra Dwivedi. These two persons were appointed as Manager of the concerned school time to time. Learned Appellate Court stressed on the fact that if such offence had been committed in the evening, it was duty of the Chaukidar to inform the Manager immediately but he informed the Manager on the next day morning. It has also been pointed out that the house of informant Basudeo, was at a distance of 25 to 30 yards away. Therefore, the Chukidar, could have informed him even in the alleged night. The learned Appellate Court also considered the fact that upto 11th November, 1981, no report was made to the concerned police station. According to the informant when D.I.O.S. Banda directed him to lodge the F.I.R. only then F.I.R. had been lodged on 12.11.1981. The learned Appellate Court also pointed out the fact that according to the Chaukidar, the accused opened the lock and have not broken the lock. But according to clerk Amar Nath Singh it had been broken. According to Chaukidar, it had not been broken. It has also been considered by the learned Appellate Court that the informant Basudeo, Manager PW-1, PW-2 Chaukidar Sikdar, PW-3 Clerk Amar Nath Singh, are the residents of the same village Shiv Puri. Thus, the learned Appellate Court concluded that there might be conspiracy between all the three witnesses for falsely implicating the Principal. It has also been taken into account by the appellate Court that the informant has admitted that there was close relation between the Principal Ram Tirth, the Ex-Principal Subhash Chandra Dwivedi who was also claiming to be the Manager of the school. Therefore, the informant was treating the Principal to be a person in connivance with the ex-Manager Subhash Chandra Dwivedi.