Cases arising from the same incident should be tried together to avoid conflicting judgments and ensure fair trial principles are upheld.

Sanjeeb K Panigrahi, J.

1. The petitioner is assailing the order dated 28.03.2024 passed by the learned S.D.J.M., Paralakhemundi, rejecting his petition dated 02.11.2023 filed in G.R. Case No.411 of 2020, whereby he sought commitment of the case records to the Court of Sessions for trial as a counter case to S.T. Case No.(S) 23 of 2021, arising out of Paralakhemundi P.S. Case No. 210 of 2020, pending before the learned Additional Sessions Judge, Gajapati.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

i. The prosecution allegation in brief in S.T. Case Nos. (S) 23 and (S) 30 of 2021 is that on 08.09.2020, in the afternoon, while the informant, Opposite Party No. 2, and his family members were resting after taking their meals, the petitioner came and engaged in conversation with the informant in connection with a piece of land. It is alleged that thereafter the co-accused persons, namely Suresh, Trinath (since dead), Bijuli and Kumari, along with others, came in a body, entered the house and abused the informant and his family members. It is further alleged that they pushed and pulled the informant’s daughter-in-law and pressed the informant’s neck with an intention to kill him. It is also alleged that Suresh picked up a crow-bar used for tying cattle from the cow-shed and assaulted the informant’s son Santosh, causing bleeding injuries on his head and right hand, as a result of which he fell down. When the informant protested, he was also assaulted with the said crow-bar and fell down sustaining bleeding injuries. Dasarath Swain was also allegedly assaulted with the blood-stained crow-bar and sustained bleeding injuries. It is further alleged that Suresh and Trinath dragged the wearing apparels of the informant’s daughter-in-law Sakuntala, caught hold of her neck and pressed it with an intention to take her life, abused the inmates in filthy language and thereafter left the place threatening to murder them.

ii. During the course of investigation, the petitioner and the other co-accused persons were arrested.

iii. The injured Santosh was treated at D.H.H., Paralakhemundi, thereafter at M.K.C.G. M.C. & H., Berhampur and subsequently at Visakha Hospital, Cuttack, where he succumbed to his injuries on 10.09.2020.

iv. On 05.01.2021, a preliminary charge-sheet was submitted against the petitioner and other accused persons citing nineteen witnesses and certain documents. After cognizance was taken, a final charge-sheet was filed on 22.02.2021 citing the same witnesses and documents.

v. On 08.09.2020 at about 8:35 p.m., the petitioner, as informant, lodged a written report at Paralakhemundi Police Station, which was treated as an F.I.R. and registered as Paralakhemundi P.S. Case No. 211 of 2020 under Sections 341, 294, 323, 354-B and 506 read with Section 34 IPC. After investigation, charge-sheet dated 25.11.2020 was submitted against Opposite Party No. 2 and others.

vi. The petitioner and the other co-accused persons were arrested in connection with the F.I.R. lodged against them, being Paralakhemundi P.S. Case No. 210 of 2020, and have been facing trial for the offence of murder in S.T. Case Nos. (S) 23 and (S) 30 of 2021 on the file of the learned Additional Sessions Judge, Gajapati, which is awaiting completion of further prosecution evidence. However, no trial has commenced in relation to the case instituted on the petitioner’s F.I.R.

vii. In that context, on 02.11.2023, the petitioner entered appearance through counsel and filed a petition stating, inter alia, that he and others are facing trial before the learned Additional S