NARAYAN DAS @ TUNLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard. Admit.

(2.) In this revision the Petitioner assail the order dated 07.11.2008 passed by the learned S.D.J.M., Jagatsinghpur in 1.C.C. No. 157 of 2008, wherein he took cognizance of offence under Sections 302, 201, 120B/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC for brevity) and issued processes against the present Petitioners along with Dwarikanath Das and Urmila Das.

(3.) The prosecution alleges in this case that on 27/28.05.2007 the complainant's son Babu @ Saroj Kumar Mohanty, while he was sleeping in Binapani Jubak Sangh-cum-Library room of village Aranga, . was found dead with multiple injury on his person and as some circumstantial evidence and previous enmity was there with the deceased and one Dwarikanath Das, i.e., the brother of Petitioner No. 1 and father of Petitioner No. 4, F.I.R. was filed only against Dwarikanath Das for alleged offence under Section 302, 1.P.C., which was registered as Raghunathpur P.S. Case No. 51 of 2007 corresponding to G.R. Case No. 342 of 2007 of the Court of learned S.D.J.M., Jagatsinghpur. After lodging of the F.I.R., the Investigating Officer took up the investigation and filed charge sheet under Section 302, IPC only against Dwarikanath Das before the learned S.D.J.M. Accordingly, learned S.D.J.M., took cognizance of the offence under Section 302, IPC and ordered prosecution against Dwarikanath Das.