BHAGIRATHI PADHAN Vs. PACHILA ROUT AND ORS.

JUDGEMENT

(1.) THE Petitioner is the first informant in G.R. Case No. 558 of 1984 registered for offences under Sections 302, 436, 454, 455, 380 and 427/149 , I.P.C. The eleven opposite parties are some of the accused persons in the aforesaid case.

(2.) IT is alleged that on 19 -11 -1984 at about 9.30 a.m. all the opposite parties and the other accused persons being armed with deadly weapons came in a group to the house of deceased Balkrishna Barik. On seeing them Balkrishna left his home, ran into neighbour Banamali's house and locked himself in a room. The opposite parties and the accused persons then set fire to that room. When the deceased came out from the room in half -burnt state the accused persons and the opposite parties assaulted him causing his death at the spot. It is further alleged that accused Banamali Barik (not a party in this case) gave two axe blows on the neck of the deceased as a result of which the latter fell down. Accused Rajani (not a party in this case) gave two blows to the deceased with his Tabla. Opposite party No. 4 gave three to four blows with a Table and opposite party No. 2 assaulted the deceased with Tabla. According to the prosecution, opposite parties 1, 3 and 5 to 11 being armed with Tabla, Gujar and Lathis also assaulted the deceased who was killed at the spot.

(3.) IN the present case it seems there has been no application of mind by the learned Sessions Judge. He has failed to consider whether on merits this is a fit case for grant of anticipatory bail. The L.C.R. and case -diary were placed before us and on consideration of the facts of this case and upon hearing counsel we are satisfied that the opposite parties have failed to make out a case for grant of anticipatory bail.