JUDGMENT

L. MOHAPATRA, J. — This application under Section 482, Cr.P.C. has been filed challenging the order dated 10.9.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 41-S/10 of 1998-99 refusing the prayer to discharge the petitioner under Section 228 of the Code of Criminal Procedure and framing charge for commission of offences under Sections 302/109 of the Indian Penal Code against the petitioner.

2. The petitioner and one Smt. Snehalata Naik are the accused persons in the aforesaid case. The said Snehalata Naik had married the deceased Ranjan Naik, who was working as Inspec¬tor of Police. In the night of 8th April, 1998 while the infor¬mant along with some Constables were on patrol duty, at about 1.40 A.M. they saw huge smoke coming out from the Government quarter in which the deceased was staying. When the informant and others went near the house, they found accused Snehalata Naik shouting “fire, fire” and the daughter of the deceased was trem¬bling out of fear. The informant under the impression that the deceased had been trapped in the fire tried to rescue him but ultimately they found him dead. The F.I.R. was lodged at Sonepur Police Stat