BAIKUNTHANATH DALAI Vs. BULA ALIAS DIGARNBAR JENA

JUDGEMENT

(1.) Baikunthanath Dalai, the informant in G. R. Case No. 260 of 1989 of the court of the S.D.J.M., Nayagarh has filed these two petitions under Sections 439(2) of the Code of Criminal Procedure ('Cr P. C.' for short) assailing the orders of the Sessions Judge, Puri admitting the accused opp. parties to bail. Since the petitions relate to the same criminal case and the contentions raised by the petitioner in both the cases are similar, with consent of the learned counsel for the parties they have been heard together and are being disposed of by this order.

(2.) On the First Information Report lodged by the petitioner in Sarankul Police Station on 1-8-89 G.R. Case No. 260 of 1989 was initiated against the opp. parties and some others under Sections 147/ 148/326/336/324/302/149, I.P.C. and Sections 25(a)/ 27 of the Arms Act. The case of the prosecution, shortly stated, was that since two years prior to the occurrence there was party faction in the village; while the petitioner and the deceased Arjuna Jena were in the minority group the accused persons belonged to the majority group. On 1-8-89 at about 6-30 a.m. while the petitioner came out of his house to the village road (Danda) he saw Arjuna Jena having a wash near the tube-well. The accused opp. parties along with others being armed with deadly weapons like Farsa, swords, Katari, knives, bombs, guns and lathis came there, caught hold of Arjuna Jena and severely assaulted him with the weapons held by them; they also exploded bombs and fired from the guns to scare away the villagers who tried to come to the rescue of Arjuna Jena. The injured Arjuna Jena was shifted to the Hospital where he expired at 9 p.m. on the same day. The FIR was lodged as about 9 a.m. and the Investigating Officer who went to the spot at 9.30 a.m. on the next day found a pool of blood at the place of occurrence on the village Danda.

(3.) It appears from the records received from the Court of the Sessions Judge, Puri that different batches of accused persons filed applications from time to time for being released on bail which were disposed of by the court by different orders. Therefore it will be convenient to discuss the orders chronologically.