BIMALA BISSOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners have filed this application under Section 482, Cr.P.C. with a payer to quash the order dated 13.05.1997 passed by the learned S.D.J.M., Nabarangpur in I.C.C. No. 54 of 1996 under Annexure-1 taking cognizance of the offences under Sections 366, 302/34, IPC against them and the confirming order dated 28.6.2002 passed by the learned Addl. Sessions Judge, Nabarangpur in Crl.Revision No. 153 of 2000 under Annexure-2.

(2.) The short facts of the case are that on 29.8.1995 at about 10 A.M. Madana, the daughter of the informant Gopi Bissoi of village Jhadakusumi went to river side with a crow bar and tin diba (pot) to bring earth. As she did not return back to the house till evening, the informant along with his co-villagers searched for her and in spite of thorough search, they could not trace out Madana. On 30.8.1995 at 3.00 P.M. the informant came to know from some of his co-villagers that on the previous day at 10 A.M. while Madana was digging earth on the bank of the river of their village, the accused persons, namely, Trinath Bisoi (petitioner no.3) and another Subash Bisoi forcibly dragged her to a nearby sugarcane field and again at about 1 P.M. the accused Trinath Bisoi dragged her from the sugarcane field to his house at village Niladriguda. On 31.8.1995 in the evening the informant along with others went to the house of accused Trinath Bisoi who admitted to have brought Madana to his house to marry her and directed the informant and others to come to his house three days thereafter to settle up the marriage. On 2.9.1995 the informant sent one Makunda Bhatra to the house of the accused Trinath Bisoi to inform him about their visit to his house on 3.9.1995 to settle up the marriage, but the accused Trinath Bisoi and his parents told Makunda Bhatra that they had not brought Madana to their house. Thereafter, Makunda Bhatra returned back to the house of the informant and informed the said fact to him. On 3.9.1995 some persons, who were cutting paddy near a mango tope of village Jhadakusumi found foul smell coming out of the said tope. When this fact came to the notice of the informant, he along with others went to the mango tope where he found his daughter Madana lying dead on the ground. Accordingly, the informant reported the missing of his daughter on 3.9.1995 at 5 P.M. and recovery of her dead body from the mango tope before the Tumarala out-post, which was registered as U.D.Case No.1 of 1995 and the A.S.I. of Tumarala out-post took up investigation. Thereafter, the O.I.C., Papadahandi P.S. took charge of the enquiry of the U.D.Case from the A.S.I. of Tumarala Out-post on 16.10.1995.

(3.) During enquiry on 13.11.1995 as the O.I.C. Papadahandi P.S. found materials against the accused persons Trinath Bisoi and Subash Bisoi under Sections 366, 306/34, IPC, he drew up plain paper F.I.R. on the spot and took up the investigation of the case, which was registered as P.S.Case No. 76 of 1995corresponding to G.R.Case No. 398 of 1995. During investigation of the case, the police arrested Trinath Bisoi and forwarded him to custody. It also came to the light that as the parents of the accused Trinath Bisoi did not agree with the proposal of his marriage with Madana, the accused Trinath Bisoi left her in her village Jhadakusumi on 3.8.1995 in the evening and being insulted by the accused persons, Madana in the same night committed suicide. Thereafter, the police arrested both Trinath Bisoi and Subhas Bisoi and forwarded them to custody. On completion of investigation, the police submitted charge-sheet against the accused persons, namely, Trinath Bisoi and Subash Bisoi under Sections 366, 306/34, IPC in the court of learned S.D.J.M., Nabarangpur in G.R.Case No. 363 of 1995. Since the prayer for bail of both Trinath Bisoi and Subash Bisoi was rejected by the learned S.D.J.M., Nabarangpur, they moved applications for bail before the learned C.J.M.-cum-Asst. Sessions Judge, Nabarangpur in Crl.Misc. Case Nos. 62 of 1995 and 66 of 1995, which were allowed and thereafter, both the accused were released on bail.