In a big relief for former Malkangiri Collector Manish Agrawal, the Orissa High Court on Thursday modified the case pertaining to the death of his Personal Assistant (PA) Deba Narayan Panda into abetment of suicide from murder.
A single-judge bench of Justice Sashikanta Mishra ordered that the case be probed under Sections 306/120-B/34 IPC (abetment of suicide) instead of 302/506/201/204 of IPC (murder).
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“On a conspectus of the analysis of facts and law made herein, this Court is of the considered view that the offences punishable under Sections 302/506/201/204 of IPC are prima facie, not made out. However, there are enough materials to proceed against the accused persons for the offences under Sections 306/120-B/34 IPC,” Mishra said in the 30-page order.
The bench further stated, “In the result, the CRLMCs are allowed in part. The impugned order is modified only to the extent of substitution of the offences under Sections 302/506/201/204 of IPC by the offences under Sections 306/120-B/34 IPC. The court below is directed to proceed accordingly and to try and dispose of the case as expeditiously as possible preferably, within eight months.”
According to sources, Deba Narayan Panda was working as PA to then Malkangiri Collector Manish Agarwal and had mysteriously gone missing while on duty on May 27. His body was recovered from the Satiguda dam site the next day.
The post-mortem report disclosed the cause of death as drowning and its complications. It also revealed that the body did not have any injury or mark of violence. The viscera report indicated that no poisonous compound, alcohol and drugs could be detected.
Later, after about a year, on November 30, 2020, the wife of the deceased alleged that her husband had gone to the residence of the Collector and stayed there for nearly half an hour and returned. He again went to the residence of the Collector at 10 am and did not return.
She suspected foul play and lodged a written complaint in this connection. As per the direction of the Malkangiri SDJM, a murder case was registered against Agarwal and three others. A Crime Branch probe was also conducted into the case.
However, challenging the Malkangiri SDJM court's order, Agarwal had moved the Orissa High Court.