PRABHAT KUMAR DWARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Section 482, Code of Criminal Procedure., the Petitioner who is accused in G.R. Case No. 132 of 2004 corresponding to Khandapara P.S. Case No. 62 of 2004 under Section 306, Indian Penal Code has approached this Court for quashment of the proceeding in the aforementioned G.R. Case.

(2.) THE brief fact giving rise to the said G.R. Case is as per the FIR lodged by the nephew of the deceased Nibasi Behera is that the deceased was living in the house of his father -in -law at village Jogiapalli as a domesticated son -in -law for the last ten years with his wife and children and he had no difference with his wife and children and he had no difference with his wife at any point of time. On 23.9.2004 the nephew got report that his paternal uncle i.e., the deceased, was hospitalized at Nayagarh Headquarter Hospital and getting this information he went to the hospital in the afternoon at 5 P.M. and found the deceased had sustained injuries in his left hand and behind the right ear and had nail marks on his leg and blood oozing out of his mouth. When the informant asked him as to the cause of hospitalization the deceased gave out that accused Pravat Kumar Dwari and his associates had assaulted him and forcibly made him drink, poison and they had also threatened his wife with dire consequences if she reported the matter to the police. Since the condition of the deceased was precarious the informant remained with him attending to his treatment, but at 7 P.M. in the evening the deceased died in the said hospital and the very next day i.e. 24.9.2004 Kulamani Behera the nephew of the deceased reported the matter at Khandapara Police Station and the police registered a case under Section 302/34, Indian Penal Code and took up investigation and during the investigation the Superintendent of Police, Nayagarh supervised the case and found that the case was not under Section 302 but under Section 306, Indian Penal Code. In the meantime, the informant -nephew of the deceased and the wife of the deceased Shantilata Behera sworn affidavit that at the intervention of the gentlemen of the village the matter has been sorted out and there is absolutely no dispute between them and the accused.

(3.) APART from all these, I have perused the Case Diary produced by the Learned Addl. Standing Counsel and there is absolutely no iota of material to make out a case under Section 306, Indian Penal Code, as no role appears to have been played by this accused so as to term it abatement to commit suicide.