SRIKANTA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. D.C. Mohanty, learned counsel for the petitioner and the learned counsel for the State. Perused the materials available on record as well as in the case diary produced by the learned counsel for the State. This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner.

(2.) An information was lodged on 23.10.2006 by the mother of the deceased in Sikhar Police Outpost before the concerned policeman in-charge of the Outpost, inter alia, alleging that her daughter Smt. Kuni, aged about 18 years came out of her house at 7.00 p.m. on 22.10.2006 for answering the call of nature but did not return to the house till 8.00 p.m. As such, the informant and her other daughter went out in search of said Kuni, but could not find her. On the next date, i.e. 23.10.2006 she found drops of blood near the well in her Bari. The police thereafter came to the spot and the dead body of the daughter of the informant being found in the well situated in the Bari of the informant, was hooked out by the police. A written complaint was prepared at the spot which has been treated as an FIR and registered under Sections 302/201/34, IPC. The said written report was received at 4.00 p.m. on 24.10.2006 on which a formal FIR was registered. In the statement recorded under Section 161 Cr.P.C., the informant stated that three persons, namely, Nalini Gahir, Sesha Macha Khandia and the present petitioner used to come to her house and she suspects that the said persons might have called her daughter to the backyard and might have murdered her and thrown her dead body inside the well.

(3.) During the course of investigation, the police has recorded the statements of a number of persons. It is seen from the statements of various witnesses recorded during the investigation under Section 161, Cr.P.C. that some of them saw the deceased in the company of the three persons, named above, at about 2.00 p.m. on 22.10.2006. One of the witnesses examined by the Investigating Officer is Sunita Kumar daughter of Mrutulal Kumar. She has stated that she was in love with the accused Nalini and the deceased developed a relationship with Sesha Macha Khandia. On the fateful day at about 2.00 p.m. in the afternoon, she along with the deceased met the accused persons and chatted with them. The deceased Kuni was also talking with the accused Sesha separately. The accused persons suggested that both, the said witness Sunita as well as the deceased Kuni should come out of their house at 9.00 p.m. in the night and they will come to that place to which the witness Sunita did not agree.