PREM KUMAR AGARWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second successive bail application of the petitioner Prem Kumar Agarwal under sec. 439 of Cr.P.C. seeking for bail in connection with Rourkela Plantsite P.S. Case No.44 of 2021 corresponding to S.T. Case No. 16/11 of 2022 pending in the Court of 2nd Addl. Sessions Judge, Rourkela in which charge sheet has been submitted against the petitioner for offences punishable under Sec. 302/120-B/34 of the Indian Penal Code.

(2.) The prosecution case, as per the first information report dtd. 10/2/2021 lodged by one Mr. Kailash Kumar Agarwal before the Inspector in-charge, Plantsite police station, Rourkela is that on 10/2/2021 at about 10.45 p.m. while he was in his house, he heard a loud sound and he immediately ran towards the source and found his elder brother Sajan Kumar Mittal (hereafter "the deceased") was lying seriously injured at the entrance of the ground floor of the house with excessive amount of blood poured out of the backside of his head. The informant along with his son Ayush and other neighbours immediately shifted the deceased to Ispat General Hospital, Rourkela where he was declared dead. According to the informant, someone has killed the deceased.

(3.) Basing on such first information report, in absence of I.I.C., Plantsite police station, S.I. H.S. Barik registered the case under sec. 302 of the Indian Penal Code against unknown persons and took up investigation of this case. Subsequently, the I.I.C. of Plantsite police station took up charge of investigation of the case. During course of investigation, the Investigating Officer visited the spot and recorded the statements of witnesses. The scientific team visited the spot and they collected physical clue from the spot. Inquest was held over the dead body of the deceased and the dead body was sent to S.D. Hospital, Panposh, Rourkela for autopsy. Biological exhibits as well as wearing apparels of the deceased were seized. The P.M. Report of the deceased indicated that there were injuries on the occipital region and on dissec. of the skull, fracture of occipital bone and hematoma 6"x4" over the occipital region of the scalp was noticed. The opinion regarding cause of death was kept reserved pending chemical analysis of viscera. The queries on the post mortem report of the deceased received from the doctor indicated that the injuries sustained by the deceased on the occipital region were ante mortem in nature which can cause death in normal circumstances and the injuries can be possible by hard and blunt object. Two numbers of CD containing the video footages of the occurrence and the spot of the case collected from the CCTV installed at the house of the deceased and certificate under sec. 65B of the Evidence Act were seized. Preserved viscera of the deceased were sent to S.F.S.L., Bhubaneswar for chemical analysis and opinion. One Pulsar motorcycle used by the culprits to flee away from the spot after commission of murder was seized along with one country made pistol, one iron hammer and a keypad mobile phone of co-accused Rajat Biswakarma from his possession in presence of witnesses. Mobile phones of all the accused persons including SIM cards were seized from their possession observing all the formalities of seizure. The petitioner was arrested on 14/3/2021 and the copy of sale deed dtd. 20/2/2020 executed between Smt. Bijaya Pati and others with the partners of SHYAMPURIA REALTECH LLP, copy of re-constitution of deed of SHYAMPURIA REALTECH LLP along with a cell phone were seized from the petitioner and the petitioner was forwarded to Court on 15/3/2021. First charge sheet was submitted against the petitioner under Sec. 302/120-B/34 of the Indian Penal Code on 6/7/2021 keeping the investigation open for receipt of chemical examination report of viscera of the deceased. Subsequently, the F.S.L. report was received from the Director, S.F.S.L., Bhubaneswar and as per the report, no poisonous compound, alcohol and drugs were detected in viscera. The final opinion regarding cause of death of the deceased was obtained from the Medical Officer who opined that the death was due to head injury and hematoma over occipital region of the brain and the injuries were possible by hard and blunt object. Final charge sheet was submitted on 4/8/2021 against seven accused persons including the petitioner who was charge sheeted under Sec. 302/120-B/34 of the Indian Penal Code.