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2025 DIGILAW 844 (JHR)

National Insurance Company Limited, through Assistant Manager v. Anati Murmu, W/o Late Dashrath Tudu

2025-03-11

GAUTAM KUMAR CHOUDHARY

body2025
JUDGMENT : (Gautam Kumar Choudhary, J.) Heard the parties. 1. Insurance Company is in appeal against the Judgment and award of compensation in M.A.C.T Case No. 106 of 2013 under Section 166 of the Motor Vehicle Act for the accidental pre-mature death of one Dasharath Tudu. 2. As per the claim case filed on 29.08.2013, her husband Dashrath Tudu died in a motor vehicle accident on 23.06.2009 while returning from the office, by motorcycle bearing Registration No. WB58J/7975 of his close acquaintance Md. Isha which was being driven at the time of accident by one Navin Kumar Gupta. Deceased was a pillion rider, and the accident occurred when a wayward cow dashed the motorcycle. The matter was reported to the police and U.D. Case No. 6 of 2009 was registered. 3. At the time of accident, deceased was working as a Revenue Karamchari earning a monthly salary of Rs. 15,863/- and was aged 49 years and five months. A claim for compensation of Rs. 22,12,600/- was raised under Section 166 of the Motor Vehicle Act by impleading the owner, driver and the insurer of the motorcycle. 4. The owner of the vehicle appeared and filed written statement, wherein the factum of incidence was admitted, and it was pleaded that the said motorcycle was under insurance cover of National Insurance Company Ltd. (present appellant) and the driver was having a valid license at the time of accident. It was also admitted that his motor cycle was taken by driver Naveen Kr. Gupta (O.P. No.3). O.P. No.3 also appeared before the Tribunal, filed a separate W.S. and in para-7 admitted the case of the claimant that accident took place while the motorcycle was being driven by him and the deceased was riding over it as a pillion rider. It was averred that accident took place when the motorcycle was dashed by a cow. 5. The appellant-Insurance Company contested the claim by filing written statement before the Tribunal. 6. The learned Tribunal framed following issues: - Issue No.1. Whether the claim petition as framed is maintainable? Issue No.2. Whether the claimants have valid cause of action for filing the claim petition? Issue No.3. Whether the driver had the valid and effective driving license at the time of the accident? Issue No.4. Whether the deceased Dasrath Tudu died due to the rash and negligence driving of the vehicle No. WB58J/7975? Issue No.5. Issue No.2. Whether the claimants have valid cause of action for filing the claim petition? Issue No.3. Whether the driver had the valid and effective driving license at the time of the accident? Issue No.4. Whether the deceased Dasrath Tudu died due to the rash and negligence driving of the vehicle No. WB58J/7975? Issue No.5. Whether the Vehicle No. WB-58J/7975 was insured at the time of the accident? Issue No.6. Whether the claimants are entitled to get compensation as claimed, if so, to what extent? Issue No.7. Whether the owner of insurer of the vehicle is liable to pay compensation? 7. The claim application was allowed and a compensation of Rs.17,49,752/- with simple interest @ 7% on the principal amount from the date of institution of the suit was awarded against the appellant. 8. It is argued by learned counsel Sri Amresh Kumar on behalf of the Insurance Company that this is a classic example of how a false and fake claim can be raised, after four years of death of the deceased by fabricating a false story of accident, which is in contradiction and completely at variance with the original version disclosed in the statement of the claimant no.1 on the basis of which unnatural death case was registered. 9. The information given by the claimant no. 1 to the police on the basis of which U.D. Case was registered is an admitted document adduced into evidence on behalf of the claimants as Ext. 20, and the signature of Anati Murmu is proved by the Insurance Company (Ext.A). As per Ext.20 the deceased was returning on his own motorcycle from the office, and because of dizziness he fell down and died. 10. It is submitted that the owner and driver of the vehicle in collusion with the claimants entered into appearance and admitted the accident as well as the involvement of his motorcycle in the said accident. Further twist in the story is that the driver of the motorcycle is not the owner of the vehicle and the case is silent on why the motorcycle in the first place was handed over to the driver and how the deceased became a pillion rider on it. 11. It is argued by Mr. Arvind Kumar Lall, in this case that the investigation was completed within 24 hours and the case diary was not prepared. 11. It is argued by Mr. Arvind Kumar Lall, in this case that the investigation was completed within 24 hours and the case diary was not prepared. Further, when an information had been sought under Right to Information Act for the case diary, it has been informed that no case diary was drawn. Further, as per the inquest report, the death had occurred due to fall from the motorcycle. The death was accidental in nature and is also proved by the postmortem examination report (Ext.11), where the cause of death has been stated to be head injury. The averment made in the claim application has not been denied by the Insurance Company. Reliance is placed on National Insurance Co. Ltd. v. Maya Devi; 2024 SCC OnLine SC 4086. FINDING 12. In the U.D. Case, after enquiry, report was submitted which has been proved and marked as Ext. 13 on behalf of the claimants and Ext. B on behalf of the defendants. As per the report under Section 174 of Cr.P.C., the death had occurred due to fall from the motorcycle. In the U.D. Case, not even the number of the motorcycle was mentioned by the claimant. The author of the U.D. case, i.e., the claimant Anati Murmu, has stated that her husband while returning from his work place, on his motorcycle, fell down and sustained injury due to dizziness as he was a patient of blood pressure resulting in his death. 13. Death was due to fall from motorcycle is beyond any shadow of doubt. Question is if the deceased died by fall from his own motorcycle, or the fall was from the motorcycle of OP No.1 driven by OP No.3 on being dashed by a cow. Thus, there are two irreconcilable statements given by the claimant herself. The first version is in the statement of the claimant to police in the UD case, and second is that surfacing four years after in the claim case. 14. Degree of proof in civil and criminal case is different. However principles of appreciation as laid down in definition of Proof in Section 3 of the Evidence Act equally applies to both. What is significant to note is that word evidence is conspicuously absent in the definition of proof and in its place word “matter” has been used, which is not without reason. However principles of appreciation as laid down in definition of Proof in Section 3 of the Evidence Act equally applies to both. What is significant to note is that word evidence is conspicuously absent in the definition of proof and in its place word “matter” has been used, which is not without reason. Hon’ble Supreme Court aptly exposited the nuance of appreciation of evidence in Rajesh Yadav Vs State of U.P. 2022 SCC On Line 150 in the following words: “12. Section 3 of the Evidence Act defines “evidence”, broadly divided into oral and documentary. “Evidence” under the Act is the means, factor or material, lending a degree of probability through a logical inference to the existence of a fact. It is an “Adjective Law” highlighting and aiding substantive law. Thus, it is neither wholly procedural nor substantive, though trappings of both could be felt. 13. The definition of the word “proved” though gives an impression of a mere interpretation, in effect, is the heart and soul of the entire Act. This clause, consciously speaks of proving a fact by considering the “matters before it”. The importance is to the degree of probability in proving a fact through the consideration of the matters before the court. What is required for a court to decipher is the existence of a fact and its proof by a degree of probability, through a logical influence. 14. Matters are necessary, concomitant material factors to prove a fact. All evidence would be “matters” but not vice versa. In other words, matters could be termed as a genus of which evidence would be a species. Matters also add strength to the evidence giving adequate ammunition in the Court's sojourn in deciphering the truth. Thus, the definition of “matters” is exhaustive, and therefore, much wider than that of “evidence”. However, there is a caveat, as the court is not supposed to consider a matter which acquires the form of an evidence when it is barred in law. Matters are required for a court to believe in the existence of a fact. 15. Matters do give more discretion and flexibility to the court in deciding the existence of a fact. However, there is a caveat, as the court is not supposed to consider a matter which acquires the form of an evidence when it is barred in law. Matters are required for a court to believe in the existence of a fact. 15. Matters do give more discretion and flexibility to the court in deciding the existence of a fact. They also include all the classification of evidence such as circumstantial evidence, corroborative evidence, derivative evidence, direct evidence, documentary evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, primary evidence, real evidence, secondary evidence, substantive evidence, testimonial evidence, etc. 16. In addition, they supplement the evidence in proving the existence of a fact by enhancing the degree of probability. As an exhaustive interpretation has to be given to the word “matter”, and for that purpose, the definition of the expression of the words “means and includes”, meant to be applied for evidence, has to be imported to that of a “matter” as well. Thus, a matter might include such of those which do not fall within the definition of Section 3, in the absence of any express bar. 17. What is important for the court is the conclusion on the basis of existence of a fact by analysing the matters before it on the degree of probability. The entire enactment is meant to facilitate the court to come to an appropriate conclusion in proving a fact. There are two methods by which the court is expected to come to such a decision. The court can come to a conclusion on the existence of a fact by merely considering the matters before it, in forming an opinion that it does exist. This belief of the court is based upon the assessment of the matters before it. Alternatively, the court can consider the said existence as probable from the perspective of a prudent man who might act on the supposition that it exists. The question as to the choice of the options is best left to the court to decide. The said decision might impinge upon the quality of the matters before it. 18. The word “prudent” has not been defined under the Act. When the court wants to consider the second part of the definition clause instead of believing the existence of a fact by itself, it is expected to take the role of a prudent man. The said decision might impinge upon the quality of the matters before it. 18. The word “prudent” has not been defined under the Act. When the court wants to consider the second part of the definition clause instead of believing the existence of a fact by itself, it is expected to take the role of a prudent man. Such a prudent man has to be understood from the point of view of a common man. Therefore, a judge has to transform into a prudent man and assess the existence of a fact after considering the matters through that lens instead of a judge. It is only after undertaking the said exercise can he resume his role as a judge to proceed further in the case”. (emphasis supplied) 15. Thus, in order to unravel the manner in which the accident took place, materials on record are to be looked in its entirety and the oral evidence is to be scrutinized against the background of overall facts and circumstance of the case. 16. In the present case, argument advanced on behalf of the respondents that there was no statement recorded in the case diary during course of ‘investigation in the UD’ case, betrays some fundamental lack of understanding of procedure that is adopted by police in enquiry conducted in unnatural death cases. Investigation of offence commences when materials disclose a commission of cognizable offence and not in unnatural death cases where inquiry is conducted. In an unnatural death case, unless a cognizable offence is disclosed during enquiry, no investigation is conducted. If upon inquiry it is found that some offence was disclosed, then police enter into investigation. As the enquiry in the present case did not disclose any cognizable offence, therefore, question of a case diary or statements recorded during investigation did not arise. 17. There is not the slightest hint in the U.D. case, of the subsequent ingenuous story of deceased riding as a pillion rider on a motorcycle of O.P. No.1 Md. Isha, driven by O.P. No.3 Naveen Kumar Gupta dashed by a cow resulting in the accidental death of the deceased. The entire story spun in the claim case is unsupported by a chit of paper, merely on the basis of oral evidence. Isha, driven by O.P. No.3 Naveen Kumar Gupta dashed by a cow resulting in the accidental death of the deceased. The entire story spun in the claim case is unsupported by a chit of paper, merely on the basis of oral evidence. This is how a case of fall from motorcycle due to blood-pressure has been given the texture of an accidental death by bringing a claim case four years after the said incident. Quite interestingly, this was not the first case of Naveen Kumar Gupta driving the vehicle meeting such phony accident, but he was involved in another such case as noted by the S.I.T. constituted in the matter. 18. These admitted evidenced on record like unnatural death report, finding of inquest report, delay of four years in filing the claim case, setting up an altogether new unrelated story of deceased riding as a pillion rider on third party motor cycle driven by fourth person, presents a case riddled with material contradictions and improbabilities. Learned Tribunal appears to have turned a blind eye to all this and not even dealt with material contradictions. U.D. Case No.-6/09 was recorded on the basis of statement of the claimant no.1 who happens to be the wife of the deceased. Her statement is an admitted document produced on behalf of the claimant and the Insurance Company and is marked as Ext.-A on behalf of the Insurance Company, and Ext. 20 for identification on behalf of the claimant. It has been held in National Insurance Co. Ltd. v. Rattani, (2009) 2 SCC 75 : (2009) 1 SCC (Civ) 398 that ordinarily an allegation made in the first information report would not be admissible into evidence per se, but as the allegation made in the first information report had been made a part of the claim petition, there is no doubt whatsoever that the Tribunal and consequently the appellate courts would be entitled to look into the same. 19. Another quixotic part of this case is the manner in which both the driver and the owner of the vehicle have separately filed written statement as well as have given evidence completely admitting the case of the claimant. There appears to be a complete symphony in the averment of the claimant, owner and driver of the vehicle to construct a story in contradistinction to the original version. 20. There appears to be a complete symphony in the averment of the claimant, owner and driver of the vehicle to construct a story in contradistinction to the original version. 20. For the reasons discussed in the foregoing paragraphs, this Court is of the view that the entire story of the accident, at variance with the original version, was manufactured to lay a false claim case against the insurance company, in collusion with the claimant, owner and driver of the vehicle. The story of Dashrath Tudu dying in a motor vehicle accident while returning form office, by motorcycle bearing Registration No. WB 58J/7975 of his close acquaintance Md. Isha being driven at the time of accident by Navin Kumar Gupta caused by a wayward cow, is a false and concocted story to the core and is not worthy of credence. 21. Judgment and award of compensation by the learned Tribunal is accordingly set aside and the miscellaneous appeal is allowed. The statutory amount, deposited at the time of filing of appeal, be returned to the appellant and the compensation amount, if any, paid to the claimant, be refunded to the appellant company with interest at the rate of 9%. Pending I.A., if any, stands disposed of. 22. A very disconcerting and disturbing aspect of this case, which though now not very uncommon, and is developing as a trend, is the impunity with which cases are filed supported by false affidavit, false evidence given on oath and without slightest fear of conscience or law, of its consequence. 23. It was the egregious nature of falsehood which, constrained the co-ordinate Bench of this Court, to constitute a Special Investigation Team to look into it. Special Investigation Team was to be headed by the officer not below the rank of Inspector General of Police vide order of this Court dated 15.12.2021. The report has been submitted indicting claimants, owner, driver and lawyer Mr. Shakil Ahmed, Advocate Civil Court, Pakur were also involved. Notice was served on the said advocate. 24. It is argued by Mr. Rajeeva Sharma, learned senior counsel appearing on behalf of respondent no. 5 - driver of motorcycle namely, Navin Kumar Gupta, that as per the claim case, the accident took place at Pakur and the claimant was not an eye witness to the occurrence as she was serving as Nurse at Sahibganj. 24. It is argued by Mr. Rajeeva Sharma, learned senior counsel appearing on behalf of respondent no. 5 - driver of motorcycle namely, Navin Kumar Gupta, that as per the claim case, the accident took place at Pakur and the claimant was not an eye witness to the occurrence as she was serving as Nurse at Sahibganj. U.D. Case was concluded without recording the statement of any eye witness and even the case diary was not prepared. 25. Mr. Mahesh Tiwari, learned counsel for the respondent no. 7 – Md. Shakil Ahmad that he had represented the claimant before the Tribunal on the basis of the instruction received by her. It is submitted that at the time of constitution of S.I.T., this respondent was not noticed and further even at any stage, S.I.T. did not enquire from him or has given him any opportunity to rebut any material appearing against him. The counsel is completely unaware about the material, if any, which has been collected by S.I.T. against him and, therefore, a copy of it either hard or soft be handed over before any further step be taken against him. 26. Mr. Pratik Sen, learned Amicus Curiae, submits that contrary to the submission advanced, the S.I.T. has recorded the statement of the witnesses appearing in Motor Accident Claim Case No. 106 of 2013 and who have not supported the manner of accident as stated in the claim case. 27. After hearing the parties, this Court is of the view that there is a prima facie case of perjury against the claimant no.1 (minor claimants cannot be imputed with requisite intention or knowledge), owner Md. Isha and driver-Navin Kumar Gupta of motorcycle bearing Registration No. WB58J/7975, of submitting a false claim against the insurer of the vehicle in M.A.C.T Case No. 106 of 2013 under a criminal conspiracy. There is an uncanny coincidence of Navin Kumar Gupta being driving motorcycle in other such claim cases. Section 15 of the Evidence Act lays down principles to determine if such involvement in similar cases was accidental or intentional. Attribution of accident to a cow, relieved the driver of any criminal liability in a criminal case. As no number of the motorcycle was mentioned in the UD case, it offered an opportunity to interpolate number of an insured vehicle. Attribution of accident to a cow, relieved the driver of any criminal liability in a criminal case. As no number of the motorcycle was mentioned in the UD case, it offered an opportunity to interpolate number of an insured vehicle. All this could not have been orchestrated without an understanding of legal nuances of liability under a motor vehicle accident case, which brings to fore the role of a lawyer who acted in violation of the ethics of his legal profession. 28. S.I.T. in its report has stated that during enquiry, the statement of the claimant was recorded, wherein she stated that at the time of accident, she was serving as ANM at Pirpaiti and was returning from her duty from Bhagalpur. She received information that her husband had suffered an accidental fall from motorcycle, resulting in his accidental death, and U.D. Case was lodged. She admitted that her husband had a Rajdoot Motorcycle by which he used to go to attend his duty. It is an enigma that why on the fateful day the deceased abandoned his own motorcycle and took a pillion ride on a motorcycle insured with the appellant company. She denied acquaintance with Navin Kumar Gupta, Isha Sheikh or Surjeet Yadav. Statements of other witnesses were also recorded by S.I.T. including that of brothers of the deceased Ram Das Tudu and Manoj Tudu, who specifically stated that the deceased had suffered a fall while returning by his Rajdoot Motorcycle, resulting in his accidental death. The staffs of the Circle office, Pakur where the deceased was serving, have all stated that death was a result by the fall of the deceased from his own motorcycle. Inquest report witness namely Vincent Marandi, and Babloo Hembrom also stated about death due to accidental fall from motorcycle, but have not stated the manner of accident as set out in the claim application. The S.I.T. in its report concluded that Navin Kumar Gupta in another claim case being MACT Case No.19/17, had claimed to be the driver of another offending vehicle. Death of the deceased- Dashrath Tudu was due to fall from his own Rajdoot motorcycle and not as per the story set up in the claim application. The S.I.T. indicted claimant- Anati Murmu, the lawyer appearing on her behalf Shakil Ahmed, Pankajpati Trivedi (since deceased) witnesses Navin Kumar Gupta, Kariumddin Momin, Surjeet Kumar Yadav and Md. Isha Sheikh. Death of the deceased- Dashrath Tudu was due to fall from his own Rajdoot motorcycle and not as per the story set up in the claim application. The S.I.T. indicted claimant- Anati Murmu, the lawyer appearing on her behalf Shakil Ahmed, Pankajpati Trivedi (since deceased) witnesses Navin Kumar Gupta, Kariumddin Momin, Surjeet Kumar Yadav and Md. Isha Sheikh. The videography of the statement of the witnesses recorded by the S.I.T., has also been submitted in pen drive and compact disc. 29. In the facts of the present case as discussed above, there is prima facie evidence of unscrupulous litigant, lawyer and witnesses joining hands to raise a false and fake claim for compensation before a Court of law. ‘Witnesses are the eyes and ears of law’, as famously remarked by Jeremy Bentham. If the witness’s resort to wanton falsehood, there cannot be any hope for free and fair trial. Truth and justice shall be the first casualty undermining the rule of Law. Mortal danger to the criminal justice system arising out of such a trend has been a subject of concern of the Apex Court and expressed in unequivocal terms. It has been held in Dalip Singh v. State of U.P., (2010) 2 SCC 114 : 2. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Dhananjay Sharma v. State of Haryana, (1995) 3 SCC 757 : 38. Dhananjay Sharma v. State of Haryana, (1995) 3 SCC 757 : 38. Section 2(c) of the Contempt of Courts Act, 1971 (for short the Act) defines criminal contempt as “the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or the doing of any other act whatsoever to (1) scandalise or tend to scandalise or lower or tend to lower the authority of any court; (2) prejudice or interfere or tend to interfere with the due course of judicial proceedings or (3) interfere or tend to interfere with, or obstruct or tend to obstruct the administration of justice in any other manner. Thus, any conduct which has the tendency to interfere with the administration of justice or the due course of judicial proceedings amounts to the commission of criminal contempt. The swearing of false affidavits in judicial proceedings not only has the tendency of causing obstruction in the due course of judicial proceedings but has also the tendency to impede, obstruct and interfere with the administration of justice. The filing of false affidavits in judicial proceedings in any court of law exposes the intention of the party concerned in perverting the course of justice. The due process of law cannot be permitted to be slighted nor the majesty of law be made a mockery of by such acts or conduct on the part of the parties to the litigation or even while appearing as witnesses. Anyone who makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice by resorting to the filing of false evidence, commits criminal contempt of the court and renders himself liable to be dealt with in accordance with the Act. Filing of false affidavits or making false statement on oath in courts aims at striking a blow at the rule of law and no court can ignore such conduct which has the tendency to shake public confidence in the judicial institutions because the very structure of an ordered life is put at stake. It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavits or giving of false statements and fabricating false evidence in a court of law. It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing of false affidavits or giving of false statements and fabricating false evidence in a court of law. The stream of justice has to be kept clear and pure and anyone soiling its purity must be dealt with sternly so that the message percolates loud and clear that no one can be permitted to undermine the dignity of the court and interfere with the due course of judicial proceedings or the administration of justice. In Chandra Shashi v. Anil Kumar Verma [ (1995) 1 SCC 421 : 1995 SCC (Cri) 239] the respondents produced a false and fabricated certificate to defeat the claim of the respondent for transfer of a case. This action was found to be an act amounting to interference with the administration of justice. Brother Hansaria, J. speaking for the Bench observed: (SCC pp. 423-24, paras 1 and 2) “The stream of administration of justice has to remain unpolluted so that purity of court's atmosphere may give vitality to all the organs of the State. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of court's environment; so also to enable it to administer justice fairly and to the satisfaction of all concerned. Anyone who takes recourse to fraud deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice.” 30. Chapter XXVI of the Cr.P.C. [now Chapter XXVIII of the B.N.S.S., 2023] confers special powers on the Courts to punish those found guilty of perjury in a summary way. Hon’ble Supreme Court in Mahila Vinod Kumari Vs. State of M.P.; (2008) 8 SCC 34 that the evil of perjury had assumed alarming proportions in cases depending on oral evidence and in order to deal with the menace effectively, it was desirable for the Courts to use the provisions more effectively and frequently than it is presently done. 31. Hon’ble Supreme Court in Mahila Vinod Kumari Vs. State of M.P.; (2008) 8 SCC 34 that the evil of perjury had assumed alarming proportions in cases depending on oral evidence and in order to deal with the menace effectively, it was desirable for the Courts to use the provisions more effectively and frequently than it is presently done. 31. Claim applications like any other pleadings are required to be verified by the party under Order 6 Rule 15 of CPC. By 2002 amendment, specific provision has been made by inserting Rule 15(4) that person verifying shall also furnish an affidavit in support of his pleadings. The object being to maintain the sanctity of the pleading and in the event of any false pleading, the person concerned to be punished for the same. Swearing false affidavit is a criminal offence. 32. In the present case, the materials as brought on record in MACT Case No.106/13 and as also in the S.I.T. report, make out a prima facie case under Sections 193, 196, 199, 209 of the IPC (corresponding to Sections 229, 233, 236 and 246 of B.N.S., 2023). In view of the above, a complaint be filed under Section 340 of the Cr.P.C. (379 of the B.N.S.S., 2023) against 1. Anati Murmu, 2. Shakil Ahmed, 3. Navin Kumar Gupta, 4. Kariumddin Momin, 5. Surjeet Kumar Yadav and 6. Md. Isha Sheikh by Registrar, Civil Court, Pakur before the Chief Judicial Magistrate, Pakur. Cognizance taking Court shall proceed as per law under Section 343 of the Cr.P.C. Accused persons will have right of being heard at the post-cognizance stage. Let a copy of this order/judgment along with lower court record, report of S.I.T. with its C.D., Pen Drive and Video Recording be sent to the Principal District Judge, Pakur. Considering the proper assistance given by Mr. Pratik Sen, learned Amicus Curiae, I direct the Member Secretary, JHALSA, Ranchi to pay remuneration of Rs.5000/- to him at the earliest. Let a copy of this order be sent to the Member Secretary, JHALSA, Ranchi, for needful.