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2018 DIGILAW 59 (ORI)

Chandan Kumar Rauta @ Chandra Kumar Rauta v. State of Orissa

2018-01-10

B.K.NAYAK

body2018
ORDER 10.01.2018 Heard learned counsel for the petitioners and learned Additional Standing Counsel. 2. Perused the C.D. 3. Order dated 19.06.2017 passed by the learned J.M.F.C., Hinjilicut in G.R.Case No.26 of 2017 taking cognizance of the offences under sections 147, 148, 323, 324,307,506/149 of the Indian Penal Code is challenged in this application under section 482 Cr.P.C. 4. It is submitted by the learned counsel for the petitioners that though cognizance under section 307 of the Indian Penal Code read with Section 149 of the Indian Penal Code has been taken, from the materials on record it cannot be inferred that unlawful assembly formed allegedly by the accused persons was with the common object of causing death or attempting to cause death of the victims. 5. It is alleged in the F.I.R. that the accused persons came in a group being armed with sword and katari etc. and assaulted the victims. But the injury reports indicate that one of the victims sustained two small abrasions, one on the forehead and the other on the nasal bridge, and another victim had sustained an abrasion on hand. 6. From the nature of injuries it is crystal clear that sharp cutting weapons like sword and katari had not been used by the members of the unlawful assembly and therefore, it cannot be inferred that the common object of the unlawful assembly was to cause death or attempt to cause death. 7. In the circumstances, cognizance of the offence under section 307 of the Indian Penal Code is unjustified. Accordingly the cognizance for the said offence as taken by the learned J.M.F.C., Hinjilicut by the impugned order is quashed. G.R.Case No.26 of 2017 shall be tried for other offences for which cognizance has been taken. The CRLMC is accordingly disposed of. Issue urgent certified copy. CRLMC disposed of.