PREMANANDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application under section 482 of the Code of Criminal Procedure seeking quashing of the order of cognizance taken against him in Naikanidihi P.S. Case No. 63 of 2010 corresponding to G.R. Case No. 208 of 2010 on the ground that other accused persons, who have faced the trial, save and except him, have already been acquitted by the learned Additional Sessions Judge, F.T.C. - I, Bhadrak, in S.T. No. 89/167 of 2010 vide his judgment dated 11.5.2011 and in the facts and circumstances and background of the case, there is absolutely no prospect of the case against the petitioner ending in conviction.

(2.) The allegation made by the prosecution in a nutshell is that on 25.6.2010, the Officer-in-Charge of Naikanidihi Police Station, namely, one Shri Harekrushna Das was performing his patrolling duty along with Havildar N.K.Behari of village Kasia. On getting reliable information that one dead body was buried in the dry pond belonging to one Kusma Bewa in village Sankrushnapur, the O.I.C. preceded to the spot along with his Havildar and found one dead body which was buried there. Accordingly, he sent information to his superiors and requested the S.D.M., Bhadrak to depute the Executive Magistrate to remain present at the time of recovery and inquest of the dead body. As per his request, after arrival of the Tahasildar, Basudevpur, in his presence, the dead body was taken out from the place where it was buried and it was found to be a headless male dead body aged about 35 to 40 years having no wearing apparel. The local people could not identify the dead body. The O.I.C. drew up a plain paper F.I.R. at the spot and he himself took up the investigation against unknown accused persons.

(3.) In course of investigation, police arrested three accused persons, namely, Jayadev Sahu, Khokan Sahu and Parbati Sahu and could be able to identify the dead body to be that of one Gunadhar Sahu. It is the prosecution case that while in custody, the said accused persons confessed their guilt before the police and accused Jayadev led the police party to Kasia Nala and gave recovery of the detached head of the deceased Gunadhar Sahu. Accused Khokan Sahu gave recovery of one Spade with handle, one wooden baton, one plastic rope, one gunny bag and one napkin. Both the accused persons gave recovery under section 27 of the Evidence. Act. After the investigation was over, the police filed charge sheet against four accused persons, namely, Parbati Sahu, Jayadev Sahu, Khokan Sahu and the present petitioner Premananda Sahu. Out of them three persons were in judicial custody, whereas the present petitioner Premananda Sahu was shown as an absconder in the charge sheet. Thereafter, the case against the three accused persons, who were in judicial custody was split up and was committed to the Court of Session. Charge was framed and trial commenced.