KULAMANI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Kulamani Behera has filed this application under section 439 of Cr.P.C. for bail in connection with Dhenkanal Sadar P.S. Case No.47 of 2017 (Cuttack CID P.S. Case No.04 of 2017) corresponding to G.R. Case No.128 of 2017 which was pending in the Court of learned S.D.J.M., Dhenkanal and after commitment, the case is now pending in the Court of learned Sessions Judge, Dhenkanal for trial in which charge has been framed under sections 302 / 307 / 323 / 294 / 506 / 34 of the Indian Penal Code and sections 25 and 27 of the Arms Act.

(2.) One Bikram Keshari Mallick lodged the first information report before Inspector in Charge, Sadar police station, Dhenkanal stating therein that on 04.02.2017 at about 8.30 p.m. while he along with others were gossiping near the shop of one Gopi of village Godisahi, co-accused Chikun Biswal brought a poster of B.J.D. political party and tried to paste it on the wall deliberately trampling over the legs of the informant to which the later protested. At this, co-accused Chikun Biswal and Byomakesh Biswal tried to kill the informant by hitting a stone on his head. Salman Rout (hereafter 'the deceased') who was present at the spot tried to save the informant from the clutches of the accused persons but the accused persons along with the petitioner who was a candidate for the post of Sarpanch in Tarva Gram Panchayat election and belonged to B.J.D. political party conjointly assaulted the informant and the deceased by means of fists and kick blows. Due to assault, the informant fell down on the ground. The deceased was caught hold off by some of the co-accused persons namely, Hrudananda Biswal, Mrutunjaya Biswal, Traimbaka Biswal, Manmohan Biswal, Debendra Swain and Samarendra Biswal and they directed accused Byomakesh Biswal to fire gun shot at the deceased. Due to such instigation, accused Byomakesh Biswal brought out a revolver from his pocket and fired on the chest of the deceased for which he fell down on the ground receiving injuries. After committing the crime, the accused persons decamped from the spot. As the informant as well as the deceased sustained grievous injuries, they were shifted to District Headquarters Hospital, Dhenkanal in an auto rickshaw where the deceased was declared dead. It is further stated in the first information report that all the accused persons were the supporters of B.J.D. political party and since the informant and the deceased were the supporters of B.J.P., the occurrence in question took place at the instance of co- accused Chittaranjan Biswal. It is further stated that number of persons of the village including Pramila Kumar Mallick, Bharatshree Mallick, Ajit Nayak and Biswajit Swain were present at the scene of the occurrence and they had seen the occurrence.

(3.) The bail application of the petitioner was rejected by the learned Sessions Judge in Bail Application No.182 of 2017 vide order dated 28.06.2017.