MAHESWAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE crux of the question that arises to be decided in this case is as follows: -

(2.) THE brief factual matrix that emanate from the complaint petition filed by the Opp. Party No. 2 Smt. Naliniprabha Sahoo is that she is the wife of one Purna Chandra Sahoo (hereafter "the deceased") who was working as a Postmaster. There was political rivalry between the deceased & the Petitioners & deceased was tortured by the Petitioners & was ostracized from the village & his family members were not allowed to take drinking water & the electricity connection to the house of the complainant was also disconnected & the deceased was not allowed to discharge his official duties & false cases were instituted against him & the deceased was threatened with dire consequences. It is further stated in the complaint petition that on 22/23.5.2013 at about 2.00 a.m. the complainant received a phone call from the phone of the deceased from an unknown person that somebody is struggling for his life. On receipt such phone call, the complainant sent his nephew Ramesh Chandra Sahoo to Bhubaneswar Railway station to ascertain the real state of affairs. On arrival at the Bhubaneswar Railway station, the deceased was found there in a critical condition & even though Ramesh Chandra Sahoo approached the Railway police for help but that was not provided & accordingly he shifted the deceased & admitted him at Capital Hospital, Bhubaneswar on the very day. The deceased regained sense on the next day & on being asked by the complainant, he disclosed that he was forcibly kidnapped by the Petitioners on his way to Puri while he was returning from Cuttack & he was forcibly administered poison by them & thereafter he was left at Bhubaneswar Railway Station. The health condition of the deceased deteriorated for which he was referred to the S.C.B. Medical College & Hospital, Cuttack on 27.5.2013, where he died on the very day.

(3.) THE Learned Counsel for the Petitioners Mr. Basudev Pujari strenuously urged that the Petitioners have been falsely entangled in the case due to political disputes & rivalry in the village & the so called dying, declaration is a concocted version & the Learned S.D.J.M., Bhubaneswar has committed illegality in issuing non -bailable warrant of arrest against the Petitioners hastily particularly when the bailable warrants have not been executed.