BIJAYALAXMI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this revision directed against the judgment and order dated 16/26.11.2007 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case Nos. 870 of 2005/Trial NO. 3288 of 2005 acquitting opposite party No. 2 of the charge under section 498A, Indian Penal Code, the informant (wife of opposite party No. 2) has questioned the correctness of the order of acquittal and sought for interference of this Court.

(2.) The petitioner was the informant and opposite party No. 2 was the accused before the Court below. The allegation of the informant was that her marriage was solemnized with opposite party No. 2 on 1.6.2003 according to Hindu rites and customs. At the time of marriage, there was demand for dowry and the same was fulfilled. After a few days of the marriage, accused-opposite party No. 2 demanded more money. When the informant protested, she was tortured both physically and mentally by opposite party No. 2. It is alleged specifically that accused-opposite party No. 2 used to assault the informant time and again. Once accused-opposite party No. 2 tried to pour kerosene on her for which in order to save her life she ran through the back side door, concealed herself in a bus stand and finally came to her parents house. She lodged F.I.R. before the O.I.C., Bhadrak Police Station and accordingly Bhadrak P.S. Case No. 65 of 2005 was registered. But on the point of jurisdiction, the same was forwarded to the I.I.C., Mahila Police Station, Bhubaneswar and again registered as Mahila P.S. Case No. 31 of 2005 under sections 498-A/506 (II)/34, Indian Penal Code and section 4 of the D.P. Act. The matter was investigated and on its completion charge sheet was submitted against accused-opposite party No. 2 under section 498A, Indian Penal Code.

(3.) Accused-opposite party No. 2 took the plea of complete denial.