STATE OF ORISSA Vs. PIRASTA PRADHAN

JUDGEMENT

(1.) In this appeal, the State has assailed the acquittal of the Respondent from the charge under Section 306 of the Indian Penal Code, 1860, hereinafter referred to as the 'IPC for brevity, in ST. No. 18 of 1992/S.C. No. 32 of 1992 of the Court of learned Asst. Sessions Judge, Phulbani.

(2.) The case of the prosecution, bereft of unnecessary details, is that Sulochana Mallik, daughter of late Nagulu Mallik of village B. Dakebadi was given in marriage to the accused on 22.05.1985 as his second wife because of the fact that his first wife could not beget any male child. The prosecution, further, alleges that the marriage was performed according to the castes-customs governing the parties and in proof of thereof, a plain paper writing laying down terms and conditions of the marriage was executed. Some amounts of dowries in the shape of gold ornaments were given to the deceased Sulochana Mallik at the time of marriage. They led a happy conjugal life for about four to five years.

(3.) The prosecution examined 7 witnesses in this case and the defence did not examine any witness on its behalf. Taking into consideration the materials available on record, the learned trial Court came to the conclusion that the prosecution has proved its case for commission of offence by the Appellant under Section 498-A and sentenced him to undergo rigorous imprisonment for three years. However, the learned Asst. Sessions Judge came to the conclusion that the prosecution has failed to prove that the accused did abate the commission of the suicide by the deceased. Accordingly, it acquitted Appellant of the charge under Section 306 of the I.P.C.