NATABAR PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) FACTS may be stated in brief. The alleged occurrence took place on 8th of March, 1974 at about 8 P.M. on a Dola Purnima day. Petitioners with others went to the temple of deity Sarana Mahadeb for performing Naudi dance. From there they proceeded towards the house of Babana Parida, father of petitioner No. 1. On the way they had to pass through the Sahi (lane) of Damei Parida (informant). The people of that Sahi were performing Naudi dance in front of the house of the informant. On the request of the petitioners a passage was left for them. While the petitioners' party were going ahead, petitioner No. 1 is alleged to have given a push to one Alokha Parida. This led to a fracas between the two parties. Batakrushna Parida (petitioner No. 3) stabbed one Dinabandhu Parida on the chest with a knife. There was mutual assault and a person from amongst the party of the informant died. The F.I.R. was lodged on 9.3.1974 at Jagatsingpur Police Station. Investigation was taken UP under Sections 147, 148, 307 and 302/149. I.P.C. against the petitioners and four others who were arrested On 14.3.1974. Charge sheet has not been submitted. Four of them were released on bail by the learned Sessions Judge on 22.6.1974. Petitioners' prayer for bail was, however rejected as there was prima facie evidence against them of having been involved under Section 302/149, I.P.C. This application has been filed by the petitioners for being enlarged on bail while investigation is still pending and charge sheet has not been filed. At the instance of the petitioners one F.I.R. was lodged as some of the members of their party received injuries. We are, however, not concerned with that F.I.R. in this case.

(2.) MR . Mohanty raised two contentions :

(3.) THE legal contention advanced by Mr. Mohanty, however, requires closer examination. Section 167 of the new Code, so far as relevant, may be extracted.