RAJENDRA KUMAR NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 482, Cr.P.C. has been filed challenging the order dated 10.9.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 41 S/10 of 1998 99 refusing the prayer to discharge the petitioner under Section 228 of the Code of Criminal Procedure and framing charge for commission of offences under Sections 302/109 of the Indian Penal Code against the petitioner.

(2.) THE petitioner and one Smt. Snehalata Naik are the accused persons in the aforesaid case. The said Snehalata Naik had married the deceased Ranjan Naik, who was working as Inspector of Police. In the night of 8th April, 1998 while the informant along with some Constables were on patrol duty, at about 1.40 A.M. they saw huge smoke coming out from the Government quarter in which the deceased was staying. When the informant and others went near the house, they found accused Snehalata Naik shouting 'fire, fire' and the daughter of the deceased was trembling out of fear. The informant under the impression that the deceased had been trapped in the fire tried to rescue him but ultimately they found him dead. The F.I.R. was lodged at Sonepur Police Station alleging therein that the deceased was murdered by his wife Snehalata Naik being abetted by the present petitioner. From the case diary, it appears that accused Snehalata Naik was not pulling on well with her husband, the deceased, and she was also having illicit relationship with the present petitioner. The quarrel which was taking place between the deceased and the accused Snehalata Naik related to the relationship between Snehalata Naik and the present petitioner.

(3.) CHAPTER XVIII of the Code of Criminal Procedure deals with trial before a Court of Session. Under Section 226 when the accused appears or is brought before the Court in pursuance of commitment of the case under Section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. If, upon consideration of the record 3. of the case and the documents submitted therewith, and after hearing the submission of the accused and the prosecution in this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing under Section 227 and in the event he is of the opinion that there is ground for presuming that the accused has committed an offence which is exclusively triable by the Court of Session, he shall frame charge in writing which shall be explained and read over to the accused under Section 228 of the Code and the accused shall be asked whether he pleads guilty of the offence charged or claim to be tried.