Dambaru Kumbhar @ Damaru Kamar Vs State of Odisha

Perusal of the FIR reveals that Boriguma P.S. Case No. 35/2020 was registered under Sections 279, 337, 338, 323, 294, 427, 34 of the IPC. This corresponds to GR Case No. 46 of 2020 in the

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file of the learned JMFC, Boriguma Charge sheet No. 58 dated

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27.04.2021 has been filed under Sections 279, 304-A, 294, 323, 34 of IPC read with Section 181 of the Motor Vehicle Act, 1954 against (1) Nakula Pujari, (2) Judhistir Kamar and (3) Nilakantha Bhumia.

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The brief facts of the case mentioned in the charge sheet are extracted below:-

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“The brief facts of the case is that on 07.03.2020 at 10.00 PM, the Complt. Gobardhan Paraja (21 Yrs) S/o Gora Paraja of Vilage: Kumbharput, GP: Kebidi, PS: Borigumma, Dist.: Koraput appeared at PS and presented a written report alleged there in that on 06.03.2020 at about 09.00 PM, while the Compit. along with his friend namely Raghu Kumbhar (22 yrs.) S/o Radhakrushna Kumbhar was returning to his village Kumbharput by a M/C bearing regd. No. OD-10P-1067 from Gunaguda being driven by the Complt. and the pillion rider Raghu Kumbhar carried a stereo speaker. Near the Cashew Mill, Kumbharput, a yellow coloured auto rickshaw came from Kebidi side in very high speed overloaded with around 15 nos. of female passengers dashed with the stereo speaker being carried by the pillion rider by one lady whose knee came outside the auto from right side. As a result of which, the lady fell down from the auto rickshaw. At the same time three persons from Gunaguda namely Nakul Pujari, Nilakantha Bhumia and Judhisthir Kamar who were following the auto rickshaw with a Hero Splendor M/c bearing Regd No. OR-10F-4386

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along with the auto driver Nila started abusing them in obscene languages and attacked them with fist blows and kicks and crushed the stereo speaker box on Raghu Kumbhar. As a result of which Raghu Kumbhar got senseless and they all broke the mobile phones and mike of the Complt. their family members rushed to the spot after getting the information and shifted Raghu Kumbhar to CHC, Borigumma. The MO, CHC, Borigumma referred him to DHH, Koraput at Jeypore and from there to SLNMC & Hospital, Koraput and again from there to MKCG Medical & Hospital, Berhampur for treatment as Raghu Kumbhar got severe hurt on his chest and head. As the accident caused due to the rash and negligent driving by the Auto Rickshaw driver, hence, he reported the matter at PS for taking necessary legal action at this end. Basing on this report, IIC, Borigumma PS registered Borigumma PS Case No. 35 Dtd. 07.03.2020 u/s 279/337/338/323/294/427/34 IPC and directed me to take up investigation of the Case. During course of investigation, examined the Complainant and other witnesses and recorded their statement u/s 161 CrPC who proved the occurrence so also visited the spot and prepared the spot map in the crime details form. Contacted with MO, CHC, Borigumma to issue injury requisition in favour of injured Raghunath Kumbhar but he stated that after preliminary treatment he referred the injured to DHH. Koraput at Jeypore for better treatment. Thereafter the injured was shifted to SUNMC & Hospital,

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Koraput and then MKCG Medical College and Hospital, Koraput. Seized the accident involved. Auto bearing regd. No. OD-10G-8430 and its documents on production by Tambo Ayar at PS in presence of witnesses. It is a counter case of Case No. 36/2021. The Complt. in the accused of Case No. 36/2021. Hence, apprehended accused persons namely (1) Nakula Pujari (28 Yrs) S/o Tila Pujari (2) Judhistir Kamar (28 Yrs) S/o Nalindra Kamar both are of Village: Gunaguda, PS: Borigumma, Dist: Koraput (3) Nilakantha Bhumia (35 Yrs) S/o Balabhadra Bhumia of Village: Sandhiguda, PS: B Singhpur, Dist: Koraput and (4) Nilakantha Bhumia (28 Yrs) Sio Kamal Bhumia of Village. Tanginiaguda, PS: B.Singhpur, Dist: Koraput. Examined them, on examination they confessed their guilt and cited no defence. As the offence of the accused persons are punishable less than 7 years imprisonment, so issued notice U/s 41 (A) Cr.P.C. to the accused persons to appear before me for their examination and to ascertain the fact and circumstances of the case as per apex Court. In obedience of order, the accused persons appeared at PS. So, issued further notice to the accused persons U/S 41 (A) Cr.P.C. in favour of Court with a direction not create any disturbance or to temper. The evidence of the effect and also attend the Hon'ble Court when and where required. Received information from the family members of injured Raghunath Kumbhar that the injured who was treating at MKCG Medical and Hospital, Berhampur expired on 08.03.2020

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night during treatment. Immediately contacted with the incharge of Medical Out Post MKCG Medical College and Hospital, Berhampur regarding death of one Raghu Kumbhhar of Village: Kumbharput and he stated that on the MLC report IIC, B.N.Pur registered B.N.Pur PS UD Case No. 120/2020 and he was entrusted to take up enquiry of the UD Case Seized the accidental involved Hero CB Shine M/C bearing regd. No. OD-10P-1069 in front side mirror is broken condition and its documents on production by Dambaru Paraja at PS in presence of witnesses. The Hero CB Shine M/C owner Dambaru Paraja could not produce the insurance certificate and DL rider of M/C. Contacted with B.N.Pur, Berhampur in order to produce Final Report as well as other connected documents of UD Case No. 120/2020 for tagging with this case. Received Final report as well as other connected documents i.e. Inquest, Dead bod, Challan and PM report. After perusal it is ascertained that the cause of death of the deceased is due Ib haemorrhage and shock due to RTA. Shri S.K. Mandal, IIC, Borigumma PS supervised the case and I attended the supervision in proper manner. Received S. Note from SO and perused the valuable instructions imparted in the S.Note. SO opined it is a true case u/s 279/337/338/304A/294/323/34 IPC against accused persons as the accused Nilakantha Bhumia is liable /s 279/337/338/304-A IPC and accused persons namely Nakula Pujari, Judhistir Kamar, and Nilakantha Bhurmia is liable u/s 294/323/34 IPC. Send

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requisition to JE, SH, Division, Borigumma and MVI Koraput for joint inspection of the alleged accident spot and vehicle. Received the Joint inspection Report duly singed by JE, SH, Division and MVI, Koraput who opined that due to rash and negligent driving of the Auto driver occurrence took place. Received released order from MVI, Koraput after inspection of Auto rickshaw As per direction of IIC, the accident involved Auto as well as M/C and its documents left in zima to the actual owner after executing proper zimanama. Seized one Hero Honda Splender Plus M/c

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bearing regd. No. OR-10F-4386 on production by the Nakula Pujari in presence o witnesses and left in zima to him. Seized one Stereo (Sound) Box in fully damaged condition on production by the Bhima Muduli in presence of witnesses. The accused auto driver could not produce his DL. So, he is liable u/s 181 MV Act. Supplied all papers to the relative of the deceased for filing of MACT. As all the actions are completed, I discussed with IIC, Borigumma PS regarding the status of the case and during discussion he suggested me to submit FCR to SP, Koraput for seeking necessary orders to submit Charge Sheet u/s 279/304A/294/323/34 IPC/ RW Sec. 181 Mv Act against the accused persons as the accused Nilakantha Bhumia is liable u/s 279/304-A IPC/RW Sec. 181 MV Act and accused persons namely Nakula Pujari, Judhistir Kamar, and Nilakantha Bhumia is liable u/s 294/323/34 IPC. Submitted FCR to SP,

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Koraput and received orders to submit CS against the accused driver and other accused persons. Under the above fact and circumstances, as prima facie evidence well established u/s 279/304-A IPC/RW Sec, 181 MV Act against the accused driver Nilakantha Bhumia (28 Yrs) Sio Kamal Bhumia of Village: Tanginlaguda, PS: B. Singhpur, Dist: Koraput and other accused persons namely (2) Nakula Pujari (28 Yrs) S/o Tilla Pujari of Village: Gunaguda, PS: Borigumma, Dist.: Koraput (3) Judhistir Kamar (28 Yrs) S/o Nalindra Kamar of Village: Gunaguda, PS: Borigumma, Dist.: Koraput and (3) Nilakantha Bhumia (35 Yrs) Sło Balabhadra Bhumia of Village: Sandhiguda, PS: B.Singhpur, Dist.: Koraput are liable u/s 294/323/34 IPC, submitted Charge Sheet vide Borigumma PS Charge Sheet No. 58 dt. 27.04.2021 u/s 279/304-A/294/323/34 IPC/ RW Sec. 181 MV Act against the accused driver as well as other accused persons to stand their trial in the open Court of law.”

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It is thus apparent that there are allegations that after the accident the deceased was assaulted by fist blows and kicks and the stereo speaker box was crushed on his chest by Nakula Pujari, Judhistir Kamar and Nilakantha Bhumia. As a result of the assault, he became senseless. He had sustained severe hurt on his chest and head and was taken to Hospital for treatment and has expired on the

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next day, i.e. 08.03.2020 at MKCG Hospital during treatment.

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His death is obviously not due to any injury sustained during the vehicular accident.

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It is therefore not understood as to how chargesheet could be filed under Section 279/ 304-A of the IPC against the driver Nilakantha Bhumia only as death of the deceased is obviously not on account of the vehicular accident or any rash and negligent act of the driver of the auto rickshaw but on account of subsequent assault which took place immediately after the incident and which is attributed to all the three accused persons.

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In view of the fact that more than 5 years have elapsed in the meanwhile, I am of the view that no direction should be issued to the Police at this stage for conducting re-investigation.

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I also do not consider it necessary to direct for reinvestigation

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in view of the materials unearthed during investigation regarding assault on the deceased after the accident.

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The Petitioner has the remedy of challenging the chargesheet by filing a protest petition. The prosecution can also pray for framing of appropriate charge or alteration of charge during trial so that the trial proceeds on the basis of materials on record and not on

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basis on the incorrect opinion of the I.O. who has submitted charge

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sheet in this case.

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Learned trial court has the duty to frame charge basing on the materials on record instead of relying solely on the decision of the I.O. who has submitted the chargesheet.

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With the above observations, the CRLMP is disposed of.

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Urgent certified copy of this order be granted on proper application.

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Copy of the order be sent to the learned JMFC, Boriguma but through the Registry.

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(Savitri Ratho) Judge

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Puspa/subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Designation: Junior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Feb-2026 20:57:19

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Dambaru Kumbhar @ Damaru Kamar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dambaru Kumbhar @ Damaru Kamar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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