SARAT CHANDRA RATH Vs. MALTI TANDI

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the petitioners in I.C.C.No.08 of 1991, pending before the learned S.D.J.M., Titilagarh and the order of cognizance dated 06.8.2002 passed therein, taking cognizance of offences under Sections 376/342/506/34 I.P.C and directing issue of N.B.W.(A) against the present petitioners.

(2.) The brief facts of the case, as detailed in the application is that on 27.11.1990 at about 10 A.M. a written report was lodged at the Tikarpara Police Out-post disclosing the fact that one Gadi Tandi of village Phatamunda was murdered in the preceding night. One Agasti Tandi along with some other persons of the same village were suspected in commission of the said crime. On the said allegation, Saintala P.S. Case No.107 of 1990 was registered on 28.11.1990 for the offence under Section 302 Indian Penal Code and the investigation was taken up. The petitioner no.1, Sarat Chandra Rath, the then O.I.C. of Saintala Police Station coming to know about the report, arrived at Tikarpara Out-post and took charge of the investigation from A.S.I., Muralidhar Mishra. Constable Saranga Gahir, who was watching the dead body at the spot, after inquest over the dead body was done, was asked by the O.I.C. to take the dead body to Patnagarh Hospital for post-mortem. The said constable was accompanied by the Gramrakhi, Gobardhan Nag. After post-mortem was conducted over the dead body, Gobardhan Nag and the Constable S.Gahir returned from Patnagarh on 28.11.1990 night.

(3.) That on 28.11.1990, the Circle Inspector, S.D.Singh, D.N.Mishra, S.D.P.O., Titlagarh and Himmath Kumar Pradhan, Scientific Officer, Sambalpur, along with staff arrived at the spot in village Phatamunda for supervision. The petitioners along with aforesaid officers and staff after finishing the work for the day, left for Tikarpara Out-post in the evening. As per the direction of the S.D.P.O., Titlagarh, petitioner no.2 M.P.Karua took over the charge of investigation of Saintala P.S. Case No. 107 of 1990 from O.I.C., S.C.Rath.