SUNA BEWA Vs. BAURIBANDHU BEHERA

JUDGEMENT

(1.) NONE appears for the respondents. On the request of the Court, Mr. S. Pradhan. learned Standing Counsel agrees to address the Court as amicus curiae and for that he was provided with the paper books for perusal. After going through the same he states that he is ready to argue. Heard learned counsel for appellant and Mr. S. Pradhan.

(2.) THIS appeal is against the order of acquittal in I.C.C. No. 95 of 1985 of the Court of J.M.F.C., Khurda as per the impugned judgment dated 10.2.1987. Appellant filed I.C.C. No. 95 of 1985 against the respondents alleging offence under Sections 342/403, I.P.C. with the assertion that she is the daughter -in - law in the family of the respondents being the widow of late Sauri Behera, who is the brother of respondent No. 1 and son of respondent No. 4. Respondent Nos. 2 and 3 are respectively son and wife of respondent No. 1. The allegation in substance is that on the date of occurrence i.e., on 2.7.1985 at about 5 P.M. when the appellant returned to the house of the respondents from the house of her father, respondents did not permit, her to enter into the house and even did not allow her to take her belongings which she had got as presentations at the time of her marriage. Such articles are movables including utensils and ornaments. Respondents took the plea of denial to the aforesaid allegations besides denying to the appellant's status as the widow of late Sauri Behera.