DIBYALOCHAN BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner Dibyalochana Behera who is now serving as Sub-Inspector of Police, Boudh police station has filed this application under Section 438 Cr.P.C., 1973 seeking for pre-arrest bail in connection with Jagannth Prasad P.S. Case No. 61 of 2015 registered under Sections 302/34 of the Indian Penal Code.

(2.) The first information report was lodged by Smt. Kunilata Swain, widow of Gourahari Swain of village-Patadhar, P.S.- Jagannath Prasad, Dist.- Ganjam on 09.06.2015 before the officer in charge of Jagannath Prasad police station wherein it is stated that on 08.06.2015 at about 10.00 p.m. her husband Gourahari Swain (hereafter 'the deceased") was taken from the house by the police officials of Jagannath Prasad police station and on 09.06.2015 morning at about 10.30 a.m. she came to know that the deceased was subjected to physical torture in police custody and was killed. It is further stated that the informant noticed marks of physical violence on the body of her deceased husband.

(3.) In connection with the death of the deceased, Jagannath Prasad P.S. U.D. Case No. 1 of 2015 was registered on 09.06.2015 prior to the lodging of the F.I.R. by the widow of the deceased. The inquest was held and the dead body was sent for post mortem examination. Number of external injuries was noticed on the person of the deceased. Injuries nos. 1 to 16 were opined to be ante mortem in nature and might have been caused by hard and blunt weapon and the injuries nos. 17 to 20 were the post mortem injuries. The exact cause of death could not be ascertained and the viscera were preserved for analysis. Subsequently, after considering the viscera report, final opinion regarding the cause of death was opined to be shock due to neurogenic/cardiogenic on account of multiple injuries over body. It was further opined that the ante mortem injuries described as per the post mortem report were sufficient to cause of death in ordinary course of nature. The statements of witnesses Arun Kumar Panda and Prasanna Kumar Jena were recorded under Section 164 Cr.P.C., 1973 Witness Arun Kumar Panda stated that on 08.06.2015 night, the police officials including the petitioner brought the deceased from his house in connection with a theft case and he was severely assaulted by the petitioner by means of a stick. The witness Prasanna Kumar Jena has stated that he found the deceased lying on the verandah of the police station and he was in severe pain and on being confronted, the deceased told that the petitioner severely assaulted him.