KUNJALATA DEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The husband of the petitioner, Baikuntha Nath Patnaik, and her two sons Biranchi and Bikram were charge-sheeted by the police on 5-9-1983 and were committed to the court of session for committing offences under Ss.302 and 201 read with S.34 I.P.C. The allegation against them was that they committed murder of Swarnalata (daughter-in-law of Baikuntha and wife of Biranchi) and caused disappearance of evidence of the offence committed and gave false information that the death of Swarnalata was by suicidal hanging. While the matter stood thus, the I.O. submitted a supplementary charge-sheet on 18-1-1984 arraying the petitioner as an accused. The petitioner thereafter was committed to the court of session to stand trial. So she filed Criminal Revn. No.92 of 1984 to quash the order of commitment. This court by order dated 23-3-1984 was pleased to dismiss the revision petition with the observation that the learned Sessions Judge is to consider as to whether charge should be framed against the petitioner or not. The learned Sessions Judge by his order dated 9/16-5-1984 directed framing of charge against the present petitioner under Ss.302 and 201 read with S.34 I.P.C. Against the aforesaid order, the petitioner has come up in revision.

(2.) Miss. Ghose, learned counsel appearing on behalf of the petitioner, submitted that after the cognizance of the offence had been taken and the three accused persons had been committed to the Court of Session, the police had no power to submit a supplementary charge-sheet except on receipt of further evidence oral or documentary.

(3.) The question for consideration, therefore, is as to whether without obtaining further evidence oral or documentary, further report can be submitted by the police. S.173 of the Cr.P.C. provides that on completion of investigation the officer-in-charge of the police station shall forward report to a Magistrate empowered to take cognizance of the offence. Section 173(8) of the Cr.P.C. provides that further investigation in respect of an offence can be made after a report under sub-sec.(2) of S.173 Cr.P.C. has been forwarded to the Magistrate and if the Officer-in-charge of the police station obtains further evidence oral or documentary he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed. S.173(8) of the Cr.P.C. is as follow :-