STATE Vs. MIRZA ASRAF ALLI BAIG

JUDGEMENT

(1.) Mirza Asraf Alli Baig, his son Saku and five others have been charge sheeted for the offence under Sections 452/ 302/120-B I. P. C. in S. T. case No. 101/ 107 of 2004 pending in the Court of Ad-hoc Addl. Sessions Judge, Nayagarh, in connection with the murder of Dr. Mirza Abid Alli Baig, the younger brother of accused Mirza Asraf Alli Baig at Nayagarh town. The State of Orissa through P. P. Puri filed a petition under Section 408 Cr. P. C. with a prayer to transfer the aforesaid sessions case to the Sessions Judge, Puri on the ground that the family members of the deceased left Nayagarh because of threat given by the accused group. Mrs. Almas wife of accused Asraf Alli Baig and her younger son Saku intimidated the persons who intended to take the ancestral house of the deceased on rent. They threatened Sachidananda Pradhan, a shop keeper, who has taken the clinic of the deceased-doctor on rent for business purpose and the witnesses to the murder case with dire consequence. The supporters of the accused persons had also been threatening Rosan Ara Begum, Husne Ara Begum and Jahan Ara Begum, the sisters of the deceased, who are also witnesses to the murder case with dire consequence if at all they deposed against the accused persons.

(2.) To prove its stand the State of Orissa filed Station Diary Entry Nos. 480 dated 22-4-2004, 62 and 55 dated 3-5-2004. Station Diary Entry No. 480 dated 22-4-2004 shows that the three sisters of the deceased namely Hasne Ara Begum, Roshan Ara Begum and Johan Ara Begum requested Sri S. K. Mohanty, S. I. of Police, Nayagarh to provide them security during the trial of the case. As per Station Diary Entry No. 62 dated 3-5-2004 Sachidananda Pradhan, one of the witnesses to the murder case was threatened by the wife and son of accused Asraf Alli Baig with dire consequences, if he deposed against the accused persons. From Station Diary Entry No. 55 dated 3-5-2004 it is found that the wife and son of the main accused were threatening Nakul Das, another eye-witness with dire consequence if at all he would depose against the accused persons.

(3.) After hearing, learned Sessions Judge, Puri, rejected he petition holding that if in fact the witnesses are truthful, they must depose in the Court at Nayagarh if protection is given to them for their safety by the police at Nayagarh.