DURGA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present application under Section 482 Code of Criminal Procedure has been filed by the Petitioner-Durga Naik @ Daroga Naik and Ramesh Naik, who have sought to challenge the order dated 4.7.2007 passed by the learned Sessions Judge, Dhenkanal at Angul-Dhenkanal in C.T. Case No. 175 of 2006 (corresponding to G.R. Case No. 158 of 2005 arising out of Dhenkanal Town P.S. Case No. 41 of 2005) whereby, the learned Sessions Judge, Dhenkanal has been pleased to allow an application under Section 319 Code of Criminal Procedure seeking impletion of the present Petitioners, as well as, two others as accused persons and further directed issuance of N.B.W. against the newly added accused persons for facing trial along with the original accused persons, namely, Ranjan Naik and Raju Naik.

(2.) Shorn of unnecessary details, it would be suffice to note herein that one Ranjan Naik and another Raju Naik have been implicated by the informant as accused persons for the alleged murder of his minor daughter Jyotirmayee Bej. While the original two accused persons are facing trial, P.W.13-Alekha Bej (father of the deceased-Jyotirmayee Bej) was examined and based on the evidence of the said witness; the Public Prosecutor filed an application under Section 319 Code of Criminal Procedure for impletion of four other persons as co-accused persons i.e. Kalia, Antaryami, Ramesh and Daroga Naik. The present application under Section 482 Code of Criminal Procedure is by Ramesh Naik and Durga Naik @ Daroga Naik.

(3.) The learned Sessions Judge, in the impugned order took into consideration the evidence of Alekha Bej (P.W.13) recorded in course of the trial and impleaded the present two Petitioners, apart from two others. The statement of the said P.W.13 was to the effect that, on 16.2.2005, he had gone to Kamalanagar and returned home around 5.00 P.M. and learnt from his wife that his daughter-Jyotirmayee Bej had not returned from school and some of her friends had brought back her school bag containing her books to the mother of the deceased on being instructed by the teachers of the school. He further states that his wife had extensively searched for their daughter but was not successful. Thereafter on the return of P.W.13 to the village, he along with his wife, further searched to try and locate their missing daughter, but did not succeed. At 7.00 P.M., P.W.13 reported the matter at the local Police Station and, thereafter, continued search for his missing daughter. He further stated that one Ranjan Naik (Prime accused) had a love affair with his (deceased) daughter-Jyotirmayee and his co-villagers on finding the said Ranjan Naik at 7.30 P.M. in the village, and on interrogating him in presence of the informant-P.W.13, disclosed that Kalia Naik of the same village had told him that the other accused Raju Naik had taken the informant's daughter Jyotirmayee to Ranibania. Therefore, the informant went to Ranibania along with the police, but not finding her there returned home at midnight.