ANNAPURNA JENA Vs. STATE

JUDGEMENT

(1.) This criminal Misc. case filed under S.482 of the Code of Criminal Procedure ('Code' for short) is directed against he order passed by the learned Judicial Magistrate, Kodala on 30-9-1989 taking cognizance of an offence under S.302 read with S.34, I.P.C. against Annapurna Jena, wife of accused Dayanidhi Jena.

(2.) Facts of this case are like these. Accused Dayanidhi Jena is the elder brother and accused Satrughna Jena is the younger brother of deceased Abhi Jena, husband of the informant. The occurrence took place on 18-6-1989 at about 8 a.m. and it started from the courtyard of the houses of the above named accused and the deceased which are clustered around it. In the morning, Basanti the wife of accused Satrughna Jena began abusing the deceased. When the deceased drew the attention of her husband, accused Satrughna lena gave a slap to his wife Basanti. At that time Annapurna Jena, wife of accused Dayanidhi Jena appeared at the scene and pointing at her husband Dayanidhi and brother-in-law Satrughna said that they were women and saying so brought a crow bar (Sabala) from the house and handed it over to her husband and instigated him to assault the deceased. At this, accused Satrughna put a Napkin around the neck of the deceased and restrained him. Accused Dayanidhi Jena assaulted him by means of the crow-bar as a result of which he sustained serious bleeding injuries and died on the spot itself. The informant was also assaulted by accused Dayanidhi Jena. The dead body of the deceased was cremated by some villagers.

(3.) Charge-sheet was submitted against 15 accused persons except Annapurna Jena for offences under Ss.302, 201, 202 and 323 read with S.34, I.P.C. Cognizance of the offences was taken by the learned Judicial Magistrate by order dated 22-9-1989.