BHIMSEN BAG AND ORS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners Bhimsen Bag, Susila Bag and Sheslal Mahananda in this application under section 482 of Cr.P.C. have prayed for quashment of the criminal proceeding in G.R. Case No.529 of 2005 pending in the Court of learned S.D.J.M., Bhawanipatna which arises out of Bhawanipatna Sadar P.S. Case No.112 of 2005 in which on submission of charge sheet, cognizance of offences under sections 306/34 of the Indian Penal Code has been taken and processes have been issued against the petitioners as per the order dated 10.08.2006 of learned S.D.J.M., Bhawanipatna.

(2.) The prosecution case, in short, as per the first information report lodged by Prasant Bhupati, S.I. of Police who was also the officer in charge of Sadar Police Station, Bhawanipatna is that one Parameswar Gahir and his son Pabitra Gahir were found lying dead in their house at Gahirpada, Haldigarh and in connection with their death, Bhawanipatna Sadar P.S. U.D. Case No.19 dated 04.11.2005 was instituted. The informant conducted inquiry and during course of inquiry, it revealed that on 13.10.2005 night, a sum of Rs.1, 80, 000/- was stolen from the house of petitioner no.1 Bhimsen Bag and therefore, he called petitioner no.3 Sheslal Mahananda who is a Black Magician (Gunia) on 03.11.2005 to utilize his services to detect the culprits and stolen cash. The petitioner no.3 performed puja and thereafter four young boys of the village were asked to hold a charpai to move with the spiritual power of the charpai. They moved in the village and came to the house of the deceased and accordingly, the two deceased persons were taken as culprits and stolen money was demanded from them.

(3.) Mr. Swapnil Roy, learned counsel appearing for the petitioners contended that from the house of petitioners nos.1 and 2, theft was committed on 110.2005 and deceased Pabitra Gahir was working as a servant in their house and he was suspected of commission of theft and the matter was reported before officer in charge of Kalarapada Outpost orally on 21.10.2005 and also written information was given on 22.10.2005 but no case was registered against deceased Pabitra Gahir. Subsequently when the matter was brought to the notice of S.P., Kalahandi, officer in charge of Bhawanipatna Sadar police station registered P.S. Case No.76 of 2006 under sections 457/380 of the Indian Penal Code. It is further submitted that one Uttam Gahir who was working in the house of petitioners nos.1 and 2 also implicated deceased Pabitra Gahir to have committed theft. It is further contended that the petitioners have played no role in the commission of suicide of the deceased persons and the ingredients of the offence under section 306 of the Indian Penal Code are not attracted and therefore, invoking power under section 482 of Cr.P.C., the criminal proceeding should be quashed. Learned counsel for the petitioners placed reliance in the case of Vedprakash Bhaiji -Vrs.- State of Madhya Pradesh, (1995) CriLJ 893, Manish Kumar Sharma -Vrs.- State of Rajasthan, (1995) CriLJ 3066, V. Adinarayana -Vrs.- State of A. P., (2000) CriLJ 1182, Pallem Deniel Victor -Vrs.- State of A. P., (1997) 1 Crimes(HC) 499 and Ramesh Kumar -Vrs.- State of Chhattisgarh, (2001) 21 OCR 667.