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1984 Supreme(Ori) 198

B.K.BEHERA
KUNJALATA DEI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.ROY, MIRA GHOSH

MOHANTY, A. C. J.

( 1 ) THE husband of the petitioner, Baikuntha Nath Patnaik, and her two sons Biranchi and Bikram were charge-sheeted by the police on 5-9-1983 and were committed to the court of session for committing offences under Ss. 302 and 201 read with S. 34 I. P. C. The allegation against them was that they committed murder of Swarnalata (daughter-in-law of Baikuntha and wife of Biranchi) and caused disappearance of evidence of the offence committed and gave false information that the death of Swarnalata was by suicidal hanging. While the matter stood thus, the I. O. submitted a supplementary charge-sheet on 18-1-1984 arraying the petitioner as an accused. The petitioner thereafter was committed to the court of session to stand trial. So she filed Criminal Revn. No. 92 of 1984 to quash the order of commitment. This court by order dated 23-3-1984 was pleased to dismiss the revision petition with the observation that the learned Sessions Judge is to consider as to whether charge should be framed against the petitioner or not. The learned Sessions Judge by his order dated 9/16-5-1984 directed framing of charge against the present petitioner under Ss. 302 and 201 read with S.




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