BASISTHA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Basistha Panda has filed this application under section 439 Cr.P.C. seeking for bail in connection with C.T. Case No. 4410 of 2014 arising out of Bhubaneswar UPD Mahila P.S. Case No. 347 of 2014 (CID, Crime Branch P.S. Case No. 01 dated 12.01.2015) which was pending on the file of learned S.D.J.M., Bhubaneswar in which charge sheet has been submitted by Inspector of Police, CID, CB, Odisha, Cuttack against the petitioner for offences punishable under sections 498-A and 302 of Indian Penal Code. As per the memo filed by the learned counsel for the petitioner, the case has been committed to Court of Session and pending in the Court of Sri A. C. Behera, Addl. Sessions Judge, Bhubaneswar in C.T. (S) No. 170 of 2015 awaiting trial.

(2.) On 15.11.2014 at about 9.45 p.m. one Mamata Samantaray, Chairperson of State Progressive Women's Forum, Bhubaneswar lodged the First Information Report before Mahila Police Station, Bhubaneswar UPD stating therein that Smt. Sradhanjali Panda (hereafter 'the deceased'), who is the wife of the petitioner and residing at Bhimpur Basti near New Airport Area was tortured by her husband, mother-in-law and sister-inlaw both physically and mentally. It is further mentioned in the First Information Report that the informant came to know from the neighbours of the petitioner that on 14.11.2014 the petitioner, his mother and sister attempted to kill the deceased by setting fire on her body after pouring petrol for which the deceased in order to save herself jumped into a well and she was rescued by the tenants. The informant also came to know from the neighbours that the petitioner had shifted the deceased to the hospital. The informant stated to have searched for the deceased at Vivekananda Hospital and Capital Hospital, Bhubaneswar and Ashwini Hospital and S.C.B. Medical College Hospital, Cuttack but could not locate her for which she apprehended danger to the life of the deceased.

(3.) The Investigating Officer visited Vivekananda Hospital but the Medical Officer of the said hospital intimated him that since burn ward was not available, the patient was referred to Cuttack. Though the I.O. visited Casualty Department, S.C.B. Medical College & Hospital, Cuttack immediately but there also she could not get any record regarding treatment of the deceased. The I.O. visited the spot on 16.11.2014, seized some burnt sarees and examined witnesses. On receipt of information that the deceased was under treatment at S.C.B. Medical College & Hospital, Cuttack, she along with her staff arrived there and made requisition to the DCP, Cuttack to depute an Executive Magistrate for the purpose of recording the dying declaration of the deceased. The I.O. herself also recorded the statement of the deceased on 16.11.2014 who stated that one Anil Sahoo threw something from her backside and ran away for which she caught fire and jumped into a well. She stated that the petitioner had not set her on fire. Dr. Santosh Kumar Behera, Assistant Professor, Department of Surgery, S.C.B. Medical College & Hospital examined the deceased in presence of Sitaram Satpathy, Executive Magistrate cum- ACP Zone II, Cuttack and Dr. Kumarmani Jena, S.R., Surgery Department, S.C.B. Medical College & Hospital, Cuttack and found her to be conscious, cooperative and well-oriented and accordingly the Executive Magistrate after putting some formal questions, recorded her dying declaration on 16.11.2014. The deceased stated in her dying declaration that three days back on Thursday when she was strolling on the roof top with her child at about 1 p.m. and her husband had been to bring Biriyani, one Anil Kumar Sahoo who was earlier a tenant in their house, came there and threw something on her from her backside and fled away for which she caught fire. She stated to have thrown her child on the ground and ran downstairs and jumped into a well and at that time the petitioner ran towards her and with the help of Sahi people, rescued her from the well. She also told the petitioner that Anil Kumar Sahoo set her on fire. On a specific question put by the doctor, the deceased categorically replied that Anil is responsible.