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2. We would now proceed to state the case of the prosecution. In July, 1975, the accused Trinath Dash, accused Brundaban Swain and the accused Kalandi Charan Patro were functioning as Officer-in-Charge, Assistant Sub-Inspector and Write Constable respectively and the remaining accused persons were functioning as Constables being attached to the Nuagaon Police Station in the district of Puri, In a case of theft committed on 26-7-1975 at Mahitama in the house of Shankar Naik (P.W. 1) reported by him verbally to the Officer-in-Charge, the deceased and Magi Naik (P.W. 5) were the suspects. Under the direction of the Officer-in-Charge Trinath Dash, Sahadev Naik (P.W. 2, the Grama Rakshi of village Mahitama, of which village the two suspects were residents, produced Magi Naik (P.W. 5) and the deceased before the Officer-in-Charge Trinath Dash on 27-7-1975 and after their personal search, the suspects were kept confined in the Police lock-up although they had not been arrested. Magi Naik (P.W. 5) and the deceased were tortured at the police station with a view to obtaining confessional statements from them. On 28-7-1975, P.W. 5 and the deceased were asked to pay Rs. 400. but as they refused, they were assaulted by means of fist blows, slaps, sticks and boots by the accused Trinath Dash, Brundaban Swain, Kalandi Charan Patra, Madhab Sahu and Agadhu Champati for which P.W. 5 sustained injuries and the deceased became unconscious. On 29-7-1975, P.W. 5 was forwarded to the court when the deceased had still been kept in the police lock-up. On 29-7-1975, during the night time, the deceased was further assaulted inside the police station. On the day following, i.e., on 30-7-1975, no one was allowed to enter the police station. Even the sweepress attached to the police station and the Grama Rakshis who had come on duty were not allowed to go inside the police station. PW 4 Annapurna Dei (the wife of the deceased) and PW 12 Bhagaban Naik, the brother of the deceased, had come with food for Muli Naik, but neither of them was allowed to meet Muli or give food to him. During the night of the 3Qth/31'st July, 1975, the accused persons, with the help of Kansa Naik (PW 13) and Rama Naik (PW 14, two Grama Rakshis, who had come on duty on 29-7-1975 and had been asked to wait, brought the dead body of Muli Naik from inside the male Hazat and kept on a bamboo Tati on which two sacks had been spread and the dead body was tied to the bamboo Tati by means of ropes. The dead body was carried from the police station to a mango grove near village Mudrang falling on the way to village Sikargochha and was hung to a mango tree by means of a Gamuchha (napkin) tied to its neck to give a colour of suicide. The accused Trinath Dash told all of them not to disclose as to what had happened. He asked the Grama Rakshi Ram Naik (PW 14) to go to Sikargochha in the morning to the house of his relative and on return from that, village, lodge a report that a dead body was hanging from a mango tree. Although no such report was made by Rama Naik, the accused Trinath Dash made out a case that such a report had been lodged and he (Trinath Dash) proceeded towards Sikargochha for investigation. At the spot, the accused Trinath Dash held inquest over the dead body as per the inquest report (Ext. 2/2) and sent the dead body to Nuagaon for postmortem examination without informing any of the relations of the deceased about his death. Before dissection of the dead body at the post-mortem house at Nuagaon, Bhagaban Naik (PW 12) complained before the doctor (PW 30) that the deceased had died owing to assault by the police people. PW 30 held postmortem examination as per Ext. 10, the post-mortem report. According to the Doctor, the death of the deceased could be homicidal and he might have been strangulated when he was in a state of unconsciousness. PW 12 reported to the Subdivisional Police Officer, Nayagarh, regarding the homicidal nature of the death of the deceased on account of assault by the police people and this police officer enquired into the matter and suspected foul play by the police staff. Later the Circle Inspector of Khandapara (PW 32) took up the enquiry, drew up the formal first information report (Ext. 24) having found a prima facie case under Sees. 302, 342 and 201 of the Code against the accused persons and a case was registered against them. In the course of investigation, Magi Naik (PW 5) and the accused Agadhu Champati were examined by the Doctor for having injuries on their persons. First PW 32 and then PW 33, the Inspector of Police of the Crime Branch, took charge of the investigation in the course of which a number of witnesses were examined and a number of documents and articles in eluding the Dhoti of Magi Naik (PW 5) suspected to have stains of blood were seized. Steps were taken for the identification of the culprits. On the completion of investigation, PW 33 submitted a charge-sheet against the accused persons.