SATYABHAMA MOHAPATRA Vs. RAMAKANTA PADHI

JUDGEMENT

(1.) THE informant in S.T. Case No. 39/119 of 1995 has preferred this revision challenging the order of acquittal dated 26th March, 1996 of the Court of Assistant Sessions Judge cum Chief Judicial Magistrate, Balasore where the present opposite parties were the accused persons.

(2.) THE facts stated in the impugned judgment and during the course of argument in short is that Tilatama Padhi (hereinafter referred to as 'the deceased') married opposite party No. 1 in the month of Baisakha 1994. He died due to poison on 13.1.1995. Informant PW 2 is the paternal grand mother of the deceased being aunt (father's brother's wife) of her father, namely Chintamani Mohapatra (PW 3). Two reports were lodged before the Police, one on 13.1.1995 and the other on '21.3.1995 by PW 2 relating to the death of deceased. After completion of routine investigation, charge sheet for the offence under Sections 498A/304B/34, IPC was submitted against the opposite party members who faced the trial. Allegations of the prosecution regarding dowry torture resulting dc/ry death of the deceased, is the crux of the allegations wherein the stand of the opposite parties was that of complete innocence.

(3.) THE substance of the evidence of PWs 2, 3 and 5 is that on account of nonpayment of Rs. 5,000/ out of Rs. 8,000/ of dowry amount settled at the time of marriage, there was some dissension with torture to the deceased and, ultimately, as a result of the refusal of (he opposite members to allow the deceased to go to her mother's house on the festive occasion that resulted as the immediate outcome in her death due to poison. Evidence of PW 6 the neighbour of the opposite parties is that there was no dispute between the deceased on the one side, her husband and the in laws on the other and there was no torture on her at all. From the evidence of PW 4 it reveals about the death due to poison without specifically mentioning if it was homicidal or suicidal. The evidence of PW 8 is relevant so far as the matter relating to confronting the contradictions in the evidence of PWs 2, 3 and 5.