CHUNTIA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) I have heard learned counsel for the petitioners and learned Addl. Government Advocate on 06.02.2015. Perused the case, diary, post-mortem report etc.

(2.) This is an application under Section 438 Cr.P.C. filed by the petitioners, who are accused for the offence under Sections 302, 120-B/34 of the IPC in C.T. Case No. 358/2012 of the Court of JMFC, Jaleswar, arising out of Bhograi P.S. Case No. 166/2012.

(3.) Initially, on the death of the deceased, Mantu @ Dilip Behera, an U.D. Case was registered bearing Bhograi P.S. U.D. Case No. 3/2012. In course of enquiry, a written private complaint was filed by the wife of the deceased. Therefore, Bhograi P.S. Case No. 166/2012 was registered for the offence under Sections 302, 120-B/34 of the IPC. After completion of the investigation, the Investigating Officer has submitted charge-sheet for the aforesaid offence against Benga @ Sudarsan Jena, Gourahari Patra, Chuntia Patra @ Gouranga Patra and Kalia Patra @ Sapana Patra showing Gourahari Patra, Chuntia @ Gouranga Patra and Kalia Patra @ Sapna Patra as absconders. Chuntia Patra @ Gouranga Patra and Kalla Patra @ Sapana Patra are the two petitioners in this case.