R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the Petitioners, learned Counsel appearing for the informant and learned A.P.P. appearing for the State.
(2.) THE Petitioners are accused in a case instituted under Sections 147/148/149/323/307/341/342/452/387/504/380/427/436 of Indian Penal Code. Mr. B.M. Tripathy, learned senior counsel appearing for the Petitioners submits that on 4.3.2011, maid servant of Mr. Vikram Sinha (son of the informant) fell down on the ground from Balcony of the house as a result of which, she died. On such happening, Petitioner No. 1, a social activist and a next door neighbour of the informant, suspected some foul play and hence, approached the informant and asked him to make payment as compensation to the family members of the deceased. When nothing was done in this respect, it is alleged that Petitioner No. 1, her daughter -Petitioner No. 2, a student, and her maid servant -Petitioner No. 3 along with other 15 to 20 unknown persons came there and broke open the door by an Axe and entered into the house and then assaulted the family members of the informant with a view to kill them as a result of which, daughter -in -law and wife of the informant fell unconscious and they even tried to put the informant's grand -son on fire by sprinkling kerosene oil upon him. Meanwhile, the miscreants took away the ornaments and some costly garments and threw down T.V., Computer, Washing Machine and Utensils etc. on the ground from the first floor causing complete damage to it. On such allegation these Petitioners have been alleged to have committed offence under Sections 307/436/387 of I.P.C. besides other minor offences but during investigation, the case was never found to be under Section 436 of I.P.C., rather it was found to be under Section 435 of I.P.C. which is bailable in nature.
(3.) LEARNED Counsel further submits that these Petitioners have also been alleged to have committed offence under Section 307 of I.P.C. probably on the accusation that the daughter -in -law and wife of the informant fell unconscious on being assaulted but their statements, recorded by the police, would disclose that they became unconscious when they saw the accused persons ransacking their house and as such, no offence is made out even under Section 307 of I.P.C. At the same time, it has also been alleged that the accused persons tried to put the informant's grand -son on fire by sprinkling kerosene oil but the police, who reached during the commission of the offence, did not see the grandson of the informant drenched with kerosene oil nor any container of kerosene oil was found and as such, the falsity of the allegation becomes quite evident.;