CRLREV No. 633 of 2016. Case: Bikuna Sahu and Ors. Vs State of Orissa. High Court of Orissa (India)
| Case Number | CRLREV No. 633 of 2016 |
| Counsel | For Appellant: Deepali Mahapatra and Sandeep Parida, Advs. and For Respondents: Jyoti Prakash Patra, Addl. Standing Counsel |
| Judges | S.K. Sahoo, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 227, 228; Indian Penal Code 1860, (IPC) - Sections 294, 302, 323, 34, 354, 447, 506 |
| Judgement Date | February 03, 2017 |
| Court | High Court of Orissa (India) |
Judgment:
S.K. Sahoo, J.
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The petitioners Bikuna Sahu and Bikram Panda have filed this criminal revision petition challenging the impugned order dated 29.07.2016 passed by the learned Addl. Sessions Judge, Phulbani in Sessions Trial No. 135 of 2015 in framing charges under sections 302, 323, 294, 506 and 354 read with section 34 of Indian Penal Code against them. The said case arises out of Phulbani Sadar P.S. Case No. 66 of 2014.
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The prosecution case, as per the first information report lodged by one Smt. Meera Mohapatra, wife of Srinibash Mishra (hereafter 'the deceased') of Nayagarh before the Officer in Charge, Sadar Police Station, Phulbani on 23.06.2014 is that, the informant was working as Sikhya Sahayak in Pradipadar P.U.P. School and on 23.06.2014 at about 10.00 a.m., she came with her husband (deceased) to the school who left her near the school. The deceased went inside the school to meet the headmaster on a courtesy visit. At that point of time, the headmaster was sitting on the verandah in front of the office. The informant entered inside the office and while she was signing the attendance register, she heard noise from outside. She came out and found that the petitioner Bikram Panda along with another were assaulting her deceased husband and the petitioner Bikram Panda was giving repeated forceful blows on the pinna of the ear of her husband. The deceased all on a sudden fell down on the ground. The informant went there and resisted the accused persons against their activities but the accused who was accompanying the petitioner Bikram Panda caught hold of her, pulled her saree and abused her in filthy language. The petitioner Bikram Panda trampled over the belly of the deceased again and again and pressed the neck and nose of the deceased with his boot. When the informant requested the accused persons not to assault her husband, petitioner Bikram Panda assaulted her by fist and kick blows. The deceased was fighting for death but the petitioner Bikram Panda was telling him to die and went on giving kick blows to him. He also abused the informant in filthy language and again gave four to five kick blows and slaps to the informant. The other persons who were present at the spot were almost dumbfounded. After the accused persons left the spot, the headmaster of the school contacted ambulance for which the deceased was shifted to Gumagarh PHC first and then to District Headquarters Hospital, Phulbani where he was declared dead.
On the basis of such first information report, Phulbani Sadar P.S. Case No. 66 of 2014 was registered under sections 302, 354, 323, 294, 506 read with section 34 of the Indian Penal Code. During course of investigation, the Investigating Officer examined number of eye witnesses, held inquest over the dead body, sent the dead body for post-mortem examination, sent the exhibits to SFSL, Rasulgarh, Bhubaneswar for chemical examination and after completion of investigation, charge sheet was submitted on 26.11.2014 under sections 302, 447, 323, 354, 506/34 of the Indian Penal Code against the two petitioners.
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After submission of charge sheet, the case was committed to the Court of Session after complying the necessary committal procedure where the petitioners filed a petition under section 227 Cr.P.C. for discharge and the same was rejected vide order dated 10.05.2016 and subsequently on 29.07.2016, the learned Trial Court framed charges under sections 302, 323, 294, 506, 354 read with section 34 of the Indian Penal Code which is challenged in this revision petition.
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The learned...
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