RAJ KUMAR
Ranchi, Nov.27: Jharkhand High Court today gave the last opportunity to police to file a supplementary counter affidavit in a petition related to Sapphire International School campus murder case.
Justice Sanjay Dwivedi gave the opportunity after hearing the petition filed by the deceased’s father, Manbahal Mahto, who knocked the court in 2018 for proper probe in the matter after he noticed two children in conflict of law in the case were being acquitted from Juvenile Justice Board and two adult accused out on bail. Apart from this, he also realised that police have left several loopholes in the investigation that are not going to ensure justice to his son.
Advocate Jitendra Singh appearing on behalf of Mahto confirmed today’s development saying the matter will be taken up on December 2.
“The court took strong exception to the delay in filing of a supplementary counter affidavit in the case and was inclined to call the DGP in person in the matter to explain the reason behind the delay but advocate Manoj Kumar appearing on behalf of the state prayed for the last opportunity saying the advocate earlier appearing in this case has resigned. The court gave him the last opportunity and fixed the next date for hearing in the case on December 2,” Singh said after appearing in the case through virtual mode.
He further said that the court also observed that the matter is related to the murder of a student in the scool premises and the police submitted a charge-sheet in a very casual manner in order to save the real culprits and the same has been observed by the trial court in its order.
In the intervening night of February 4 and 5 (officially February 5), 2016 a class VII student of Sapphire International School Binay Mahto was murdered in the school campus when preparation was on the campus for the annual day celebration.
He, according to police, was found injured at the entrance of the teacher’s hostel, about 800m from the boys’ hostel where he was staying, with several injuries and later succumbed to his injuries at Rajendra Institute of Medical Sciences (RIMS), where he was taken by the school for treatment.
Police arrested a four-member teacher family in this connection. The family members include two juveniles, Class V girl and class XI boy, and two adults, a Hindi teacher of Sapphire School and a mathematics teacher of Taurain World School. Police presented juvenile love theory as the reason behind the murder.
Police said the teacher’s family murdered Binay inviting him for Soya Chilli party in the mid-night as he had affair with a juvenile girl of the family against the will of family members. The girl was then a class V student. Massive agitation took place against the theory in the Jharkhand capital.
During the last hearing on October 7 this year, the high court in its order observed that it has been recorded in the order dated 01.06.2018 of the trial court that the prosecution story is creating doubt and has been recorded in the order that three persons Smt. Kaninika Bose, Atanu Nag and R.N. Pradhan only entitled to care all boys, who are residing in a hostel, which is surrounded by a boundary wall and locked gate but how deceased Binay Kumar Mahto reached before teachers’ residence gate, it is a question for investigation, but the I.O did not take the statement of hostel in-charge and produced a concocted story before the court.
It has been further recorded that the circumstantial evidences fully indicate the role of Smt. Kaninika Bose, Warden Atanu Nag and head of boarding R.N. Pradhan, similarly, Durbanand Jana, Vice Principal Smt. Madhumita Banerjee, Ms. Malvika Sharma and Principal Dhurv Das including the role of Nurse Putul Devi, Ground man Somra Murmu, and guard Chamma Munda, who reside in the campus of Sapphire International School, the high court in its order sheet further observed.
The court opined that they have committed criminal conspiracy and destroyed the relevant evidence and considering all these aspects and considering section 319 Cr.PC this Court by order dated 04.10.2018 stayed the proceeding of Dhurwa Ranchi (Tupudana O.P.) P.S. Case No.45 of 2016, the high court observed in its order sheet.
That day Kaushik Sarkhel, the learned counsel appearing on behalf of the respondent State submitted that he will take further instruction and will file the supplementary counter-affidavit. But so far no affidavit could be found.
