PUNJILAL MEHER Vs. STATE OF ODISHA

JUDGEMENT

(1.) Jealousy towards the colleague for losing Principalship of the college seems to have spread tentacles of cancerous cells in the revengeful mind of the loser for painstaking planning and executing the infamous case of Patnagarh parcel bomb tragedy. When jealousy overtakes the human mind completely, it creates a feeling of neurotic insecurity. Being engrossed by the incurable disease of covetousness and possessed with a mad devil and dull spirit, a jealous person gets struck within his dark and starless nights and tries to eclipse the sun of his rival in an illegal way stooping to the lowest level. Lack of ability of a volcanic minded person to decide 'what is right and what is wrong' and how to act in a 'to be or not to be' situation, not only becomes troublesome to others but also creates torment to himself. Winning a jealousy game against the opponent is no victory but an unending painful tragedy. Cherishing the dreams of a beautiful future and bidding adieu to the timeless treasures of childhood memories and intense feeling of adolescence and on making promises before the sacred fire with the life partner to laugh, cry and grow with him, bride Reema Sahu put her first step in her in-laws' house at Brahmapura, Patnagarh to share the unconditional love with one and all. The sweet dreams and amazing thrill of Reema did not last long, when four days after her marriage, a parcel received from the courier service purported to be containing a wedding gift exploded resulting the death of her husband Soumya Sekhar Sahu, her grandmother-in-law Jemamani Sahu and also causing serious burn injuries on her.

(2.) The law was set into motion with the presentation of a written report by one Basanta Kumar Sahu before Inspector in- charge of Patnagarh police station on 23.02.2018 that there was an explosion in the house of his maternal uncle Rabindra Sahu situated at Brahmapura, Patnagarh and the house was filled with smoke and his brother Soumya Sekhar Sahu, Soumya's wife Reema Sahu and grandmother Jemamani Sahu received serious injuries and were in critical condition. The household articles were lying scattered due to explosion. The injured persons were shifted to District Headquarters Hospital, Bolangir where Jemamani Sahu was declared dead. Soumya and Reema were shifted to V.S.S. Medical College & Hospital, Burla where Soumya was declared dead. Basing on such written report, Patnagarh P.S. Case No.35 dated 23.02.2018 was registered under sections 307 , 302 of the Indian Penal Code and sections 3 & 4 of Explosive Substances Act, 1908. The case was initially investigated by Sri B. Das, I.I.C. of Patnagarh police station from 23.02.2018 to 22.03.2018. The scientific team and the bomb disposal team visited the spot and seized explosion materials. One consignment book, one register from Manager, Sky King Courier, Patnagarh so also consignment papers from the Sky King Courier Office, Phopadi, Raipur were seized and seizure lists were prepared. The seized exhibits were dispatched to S.F.S.L., Rasulgarh for analysis. As per the orders of D.G.P., Odisha, Mr. Anil Kumar Das, Additional Superintendent of Police, CID, CB, Cuttack took over charge of investigation of Patnagarh P.S. Case No.35 of 2018 on 23.03.2018. In course of investigation, the I.O. visited the spot, re-examined the informant and other witnesses afresh. It was ascertained that Rabindra Kumar Sahu was a lecturer in zoology in Jawahar Lal Nehru College, Patnagarh and his wife Sanjukta Sahu was the Principal of Jyoti Vikash (Junior) College, Bhainsa. They were staying together in a newly constructed house in Brahmapura, Patnagarh since last two years. Their only son Soumya Sekhar Sahu was serving as an Engineer in a Japanese electronics firm at Bangalore. The marriage Ceremony of Soumya with Reema was solemnized on 18.02.2018 followed by reception on 20.02.2018. On 22.02.2018 Rabindra Kumar Sahu had been to Delhi with his daughter to see her off to Kazakhstan. On 23.02.2018 at about 10.00 a.m. Sanjukta Sahu, mother of the deceased Soumya had been to her college leaving the newly married couple and old mother-in-law Jemamani Sahu in the house. At about 12.45 p.m. a delivery boy of Sky King Courier, Patnagarh delivered the deadly parcel to Soumya which was dispatched from Sky King Courier, Raipur. On receipt of the parcel, Soumya thinking it to be a wedding gift, removed the outer cover (cartoon) of the parcel in the kitchen in presence of his grandmother and wife Reema and found another packet inside. He also found a white thread projected outside. No sooner he pulled the thread; it exploded resulting in severe injuries to him as well as to Reema and Jemamani Sahu. The impact of explosion was so severe that it created cracks on the walls, shattered the door and window panes and damaged all the household articles. On hearing the sound of explosion, the distraught neighbours rushed to the spot and shifted the critically injured persons to District Headquarters Hospital, Bolangir. Jemamani Sahu died en route to the hospital. Other injured persons Soumya and Reema were referred to V.S.S. Medical College and Hospital, Burla where Soumya was also declared dead by the medical officer and Reema was referred to S.C.B. Medical College and Hospital, Cuttack. The post mortem reports of deceased Soumya and Jemamani Sahu revealed that the death was on account of haemorrhage and shock as a result of bomb blast injuries. Reema was found with forty percent burn injuries due to bomb blast on her face, chest and abdomen and both the upper arms. Smell of gun powder like substances was coming out from the injuries of Reema and on query to medical officer, it was opined that had the injuries affected the vital organs, it would have caused death of the victim. Investigation revealed that the petitioner prior to consigning the parcel in Sky King Courier at Raipur had been to DTDC Courier at Raipur at around 5.15 p.m. on 15.02.2018. The receptionist at DTDC courier wanted to know the article inside the packet that was intended to be booked in the courier. It was told to the receptionist by the petitioner that the courier contained sweets. The petitioner took away the parcel packet and availed the services of Sky King Courier at Raipur located nearby. The owner of the courier saw the petitioner in an auto rickshaw in front his courier office. In the parcel, the sender's name was mentioned as S.K. Sinha and the consignee's name as Sekhar Sahu of Patnagarh. The parcel was received by the consignee on 23.02.2018 and it exploded when opened by Soumya. A letter with an envelope in connection with the parcel bomb case was seized from the office of the Superintendent of Police, Bolangir which mentioned that the parcel was sent in the name of S.K. Sinha not S.K. Sharma and the sender also mentioned not to harass innocent persons during interrogation and it was a blast for the betrayal and requested police to remain silent. On perusal of the contents of the letter, it was found that the letter was written by the petitioner. Suspecting the previous conduct of the petitioner, his house was searched and nine numbers of envelops similar to the envelop sent by the petitioner to the S.P., Bolangir were seized along with a laptop, pen drive, other documents and materials. The xerox copy of receipt of Sky King Courier, Raipur, where the petitioner booked the parcel was seized from the house of the petitioner. The laptop, pen drive and the printer used by the petitioner for preparing the aforesaid letter were seized and sent to forensic science laboratory, Gandhinagar, Gujarat for forensic analysis and opinion. The petitioner confessed to have sent the letter and also committed the crime. He stated to have prepared the bomb and sent the same to the house of the deceased through Sky King Courier, Raipur. Investigation further revealed that petitioner was the Principal of Jyoti Vikash (Junior) College, Bhainsa since year 2009 and Sanjukta Sahu joined in the college in the year 2014 as a Lecturer in History. Though Sanjukta Sahu was thirteen years senior to the petitioner, neither the petitioner relinquished the post of Principal in favour of Sanjukta Sahu nor did he have any slightest regard towards her. From 2014 till 2017, the petitioner continuously harassed Sanjukta Sahu by propagating scandals against her and diminishing her stature. By virtue of notification of Director of Higher Education, Odisha, though Sanjukta Sahu reported her joining as Principal on 25.01.2017 but the petitioner neither honoured the Govt. Notification nor the joining report of Sanjukta Sahu and himself continued as Principal. It also transpired that soon after Sanjukta Sahu assumed Principalship of the college, out of sheer jealousy and enviousness, the petitioner intentionally indulged in evil practices to undermine the position of Principal by putting wall writing in filthy languages against her inside the college campus. He threatened Sanjukta Sahu with dire consequences. Even after the incident, on 16.04.2017 the petitioner had been to the room of the Principal and finding her alone, intimated her about the repercussion of ousting him from Principalship. After appointment of Sanjukta Sahu as the Principal of the College, the petitioner became angry and obsessive and he took it as his degradation. He developed hostility against Sanjukta and out of vengeance; he conceived the idea of sending parcel bomb to kill Sanjukta and her family members. Due to the occasion of marriage of Soumya, the petitioner got the opportunity to materialize his evil design of damaging the family. He prepared the parcel bomb and for the purpose of booking the parcel, he carried the parcel to Raipur by train keeping his motor cycle at Kantabanji Railway Station motor cycle stand and sent it to the house of Sanjukta. The petitioner was arrested on 24.04.2018 and on the basis of his disclosure statement recorded under section 27 of the Evidence Act, burnt residue of crackers used to prepare parcel bomb were seized from the dustbin in front of his house and those were sent to State Forensic Science Laboratory, Rasulgarh, Bhubaneswar for chemical examination and opinion. The petitioner was forwarded to the Court of learned S.D.J.M., Patnagarh on 25.04.2018. The accused volunteered to give a demo of making parcel bomb and accordingly, he was provided with the materials and he showed the method of making a parcel bomb successfully inside circuit house room no.408 Raipur under section 27 of the Evidence Act. The same was recorded audio visually with the knowledge and consent of the petitioner in presence of independent witnesses.

(3.) The Investigating Officer found prima facie case against the petitioner under sections 307 , 302 , 201 of the Indian Penal Code read with sections 3 and 4 of Explosive Substances Act and submitted first charge sheet on 18.08.2018 under sections 302 , 307 , 201 of the Indian Penal Code read with sections 3 and 4 of Explosive Substances Act against the petitioner keeping the investigation open under section 173(8) of Cr.P.C. to collect more evidence on the point of procurement of crackers by the petitioner, boarding in the train, tracing of auto rickshaw driver, obtaining chemical examination report from Gandhinagar and Rasulgarh. During course of further investigation, despite best effort by engaging reliable spies as well as working out the credible tip offs at Raipur and nearby vicinity, no tangible information whatsoever was received with regard to tracing out the Auto rickshaw driver, who was engaged by the petitioner to hand over the parcel bomb to the booking clerk of Sky King Courier at Raipur. The memory cards sent to SFSL, Rasulgarh were converted to C.D. by the Cyber Forensic Division. The C.D. was handed over to Prof. Sangeeta Ratha, Professor of Psychology, Ravenshaw College who viewed the C.D. and observed the gesture, posture modulation of voice of petitioner and gave her opinion that the petitioner appears to be preparing the bomb at ease without any interference and he was not under any kind of pressure during that period. On completion of investigation, final charge sheet was placed on 30.01.2019 under sections 307 , 302 , 201 of the Indian Penal Code read with sections 3 and 4 of the Explosive Substances Act after obtaining sanction from Collector, Bolangir for prosecution of the petitioner under sections 3 and 4 of the Explosive Substances Act. In the meantime, the case has been committed to the Court of Session and pending on the file of Addl. Sessions Judge, Patnagarh in S.C. No.24 of 2018 for trial.