LAWS(ORI)-2011-1-55

STATE Vs. SUDARSAN PARIDA

Decided On January 12, 2011
STATE Appellant
V/S
Sudarsan Parida Respondents

JUDGEMENT

(1.) In this appeal, the State assails the acquittal of the respondents of the charges under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code, 1860, hereinafter referred to as the 'IPC for brevity and Section 4 of the Dowry Prohibition Act, 1961, hereinafter referred to as the 'D.P. Act' in S.T. Case No. 26/ 181 of 1993 of the Court of the Addl. Sessions Judge, Balasore.

(2.) Bereft of unnecessary details, the prosecution case is that the deceased Jayanti Parida, who happens to be the sister of the informant Banchhanidhi Parida of village Raipur was given in marriage to the accused Sudarsan Parida, son of Ramchandra Parida of that village in the year 1986. At the time of marriage, dowry articles were given as per the demand of the accused persons, except one gold necklace, promised to be given later on. The deceased, after her marriage, whenever visited her father's house used to complaint of harassment and ill-treatment on her by the accused persons for not giving of gold necklace promised to be given at the time of marriage. She was reluctant to go in-law's house. One year previous to her death, the deceased came to her father's house and remained there for about a year. Her father-in-law, namely, accused Ramachandra subsequently came and took her to his house and with a word of promise to the deceased's parents not to assault her any more. The prosecution further alleges that, on 20.04.1993, the deceased committed suicide by hanging from the beam of her bed room in the house of the accused persons.

(3.) In order to prove the case of the prosecution, it examined as many as 7 witnesses during course of trial and the defence examined one witness. The defence tendered into evidence of a card purported to be the invitation card for the marriage between the appellant Sudarsan Parida and the deceased.