G RAMANNA Vs. STATE

JUDGEMENT

(1.) 7.8.1998 -Heard.

(2.) 15 out of 19 accused persons in Sessions Case No. 88/96 -16/97 of the Court of Addl. Sessions Judge, Paralakhemundi are the petitioners in this revision. As per order dt 3.10.1997 of the trial Court, charge under Sections 498A/306/34, IPC was framed against the remaining four accused persons and charge for the offence under Sections 186/201/34 was framed against the petitioners. Prior to that, on 20.9.1997 learned trial Court rejected the prayer of the petitioners to discharge them. Petitioners then argued that no prima facie case is made out against them from the materials available in the charge -sheet and the case diary. Petitioners, in this revision, challenge legality and correctness of the order dt. 20.9.1997 and consequently the order of framing charge against them in the aforesaid manner.

(3.) LEARNED counsel for the petitioners after reading the statements of the witnesses recorded under Section 161 of the Criminal Procedure Code, 1973 (in short, 'the Code') as well as findings recorded by the learned Addl. Sessions Judge vide the impugned order dt. 20.9.1997 argues that no prima facie case is made out against the petitioners from the available contradictory and inconsistent statements of the witnesses. He further argues that when the inmates of the occurrence house and the relations of the deceased who were present there did not inform the police, the petitioners being the co -villagers cannot be held liable under Section 186, IPC for not informing the Police before removal of the dead body.