Cuttack: Hours after giving a clean chit to Paralakhemundi DFO and the cook in connection with the death of the ACF Soumya Ranjan Mohapatra, the Crime Branch named Bidyabharati Panda in the charge-sheet which it had submitted to the court on Friday night.
Informing the media on Saturday, Crime Branch ADG Sanjeeb Panda said CB DSP Gyana Ranjan Mishra has submitted a 300-page charge-sheet to the court.
The Crime Branch ADG said Bidyabharati has been charged under Sections 285 (Negligent conduct with respect to fire or combustible matter) and 304-A (Causing death by negligence) of the IPC.
Stating that the charge-sheet has been framed on the basis of the statement of 81 witnesses the polygraph test of the DFO Sangram Keshari Behera, cook Manmath Kumbha and Bidyabharati, the ADG said a notice has been served on Bidyabharati under Section 41 of the CrPC (any police officer may without an order from a magistrate and without a warrant, arrest any person).
The ADG, however, parried a question as to whether the Crime Branch found Bidyabharati as the prime accused. “We have framed the charge-sheet on the basis of the evidence found in course of the investigation,” he added.
Reacting to the charge-sheet of the Crime Branch, Parthasarathi Nayak, counsel of the ACF’s family members said it will not be possible for the court to record the conviction on the basis of the two sections of the IPC (Section 304 (a): causing the death of any person by doing any rash or negligent act not amounting to culpable homicide and Section 285: Negligent conduct with respect to fire or combustible matter) the Crime Branch has submitted the charge sheet.
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“I am sure that if the Magistrate thoroughly goes through the charge-sheet, he will not be satisfied. Apart from this, the Magistrate is not bound to accept the police report and he can also direct the police to conduct further investigation,” Nayak pointed out.
He further said the father of Soumya Ranjan has also decided to file a protest petition in the court seeking higher offences against the accused and the two others (the DFO and the cook), who have been given a clean chit.
“Besides, the father of the ACF has already filed a writ petition in the High Court seeking a CBI probe into the death of his son in protest against the biased and perfunctory investigation by the Crime Branch,” he added.
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