CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:

1. In this petition, the petitioner seeks a direction to set aside the order dated 27.06.2022 passed in S.T. Case No.138 of 2012, whereby the learned trial court, in exercise of power under Section 319 CrPC, arraigned the petitioner as an additional accused and directed fresh trial proceedings.

I. FACTUAL MATRIX OF THE CASE:

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

(i) The case arises out of Fategarh P.S. Case No. 71 dated 13.06.2012, registered on the basis of the report lodged by Rajendra Khirabdhi Tanaya Kanta regarding the murder of his father, Gurubari Kanhar, and the injuries caused to one Rama Swain. In the FIR, it was alleged that while the deceased and Rama Swain were returning on motorcycles after attending a proceeding under Section 107 CrPC at Bhapur Tahasil Office, they were attacked by a group of named persons.

(ii) The FIR named several persons, including Gayadhar Parida, Jyotiranjan Panda and Dasarathi Das, and alleged that the occurrence was the result of prior conspiracy. The prosecution version was that the deceased had raised objections to corruption in Bhapur Block and had also opposed Gayadhar Parida's candidature for the post of Chairman of Bhapur Block.

(iii) Upon completion of investigation, the police submitted charge sheet against only nine accused persons and did not send up Gayadhar Parida, Jyotiranjan Panda and certain others for trial. The case was thereafter committed to the Court of Sessions, where charges were framed against the charge-sheeted accused and trial proceeded.

(iv) The record further discloses that, in the course of trial, the prosecution examined as many as thirty-five witnesses in support of its case. After the closure of the prosecution evidence, and at a stage immediately preceding the examination of the accused under Section 313 of the Code of Criminal Procedure, 1973, an application dated 21.04.2022 was filed invoking the jurisdiction of the learned trial court under Section 319 CrPC. By way of the said application, it was prayed that Gayadhar Parida, Jyotiranjan Panda and Dasarathi Das be summoned and arrayed as additional accused persons, on the premise that evidence had surfaced during trial indicating their involvement in the alleged occurrence. The application under Section 319 CrPC was moved on the basis of the evidence that had surfaced during trial, particularly the depositions of PW-7, PW-8, PW-11, PW-18 and PW-25, which allegedly disclosed prior meetings, threats, conspiracy, and the presence and participation of the proposed accused in the events leading to the murder.

(v) By order dated 27.06.20

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxKevzLkeEcnUhABXPwJaPcA9rRUSMNwW0FuhIcQ34kr&caseno=CRLMC/2457/2025&cCode=1&cino=ODHC010470462025&state_code=11&appFlag=)

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