JUGASAI BHATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present petitioner, who is in custody, has filed the instant bail application under Sec. 439 of Cr.P.C. in connection with C.T. No.36 of 2020 arising out of G.R. Case No.476 of 2020 pending in the court of the learned Sessions Judge, Nabarangpur. The petitioner herein is the accused in connection with alleged commission of offence punishable under Sec. 302 of the I.P.C. Prior to the instant application, the petitioner also approached the learned Sessions Judge, Nabarangpur in C.T. No.36 of 2020 for grant of bail which was rejected on 19/4/2021.

(2.) Shorn of unnecessary details, the facts of the present case are that on 3/6/2020, the deceased got into an altercation with the petitioner when the deceased went to ask for his wages. The altercation led to a heated fight and due to the sudden provocation, the petitioner pushed the deceased and dealt fist blows to him. The deceased was then taken to his home, where he stayed for the next five days. After suddenly experiencing pain in his chest on 8/6/2020, he was rushed to the DHH, Nabarangpur, but he succumbed to death enroute. Following his death, the niece of the deceased filed the FIR at Kodinga P.S. on 8/6/2020. Investigation commenced and the present petitioner was arrested for the alleged commission of offence under Sec. 302 of the I.P.C.

(3.) The learned Counsel for the petitioner contends that that the petitioner cannot be said to have committed an offence under Sec. 302 of IPC. The Court attention was drawn to the post mortem report which records that no injury was found on the body of the deceased. In fact, the deceased was an alcoholic due to which his liver was said to be found in a state of cirrhosis. It was also vehemently argued by the learned counsel for the petitioner that the act was done on account of sudden and grave provocation and no motive can be attributed to it. Moreover, there was a delay of five days between the date of the incident and his death during which time period the deceased was okay considering he or his family members had not thought of seeking any medical help.