RABI @ RABINARAYAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Additional Standing Counsel. Perused the records.

(2.) Order dated 27.8.2012 rejecting application of the petitioners for discharge and framing charge against them under Section 302/34 of the Indian Penal Code by the learned Sessions Judge, Jaipur in C.T. (Sessions) No. 64 of 2011 is the subject matter of challenge in this revision.

(3.) Petitioner No. 1 is the father and petitioner Nos. 2 and 3 are his sons. In the morning of 14.06.2010 the petitioner No. 1 lodged information at the P.S. that his younger son, Bhimsen Jena went to the bank of River The Baitarani to attend call of nature in the evening of 13.06.2016 and thereafter he was to attend a marriage ceremony as a member of Barat Petitioner No. 1 and family members were assuming that his younger son (deceased) had already gone to attend the marriage after attending call of nature in the evening of 13.06.2010. On the morning of 14.06.2010 the mother of the deceased found the body of the deceased with cut injuries on his cheek and head lying on the river bank. Suspecting it to be a case of murder, the petitioner No. 1 lodged the report at the P.S. without naming anybody as culprit. In his statement under Section 161 Cr.P.C. petitioner No. 1 expressed suspicion about involvement of co-accused-Prasanta Jena alias Babua, since Prasanta Jena alias Babua was a criminal and on one occasion he along with petitioner No. 3 Gunanidhi Jena had been arrested in a case of theft and after release on bail the deceased forbade Prasanta Jena to come to his house for which there was animosity between them. During the course of investigation, the co-accused Prasanta Jena was arrested and it was ascertained that Prasant Jena made extra judicial confession implicating the petitioners.