BRAJA KISHORE DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order dated 24.12.1993 passed by the learned J.M.F.C., Soro in G.R. Case No. 300 of 1992 taking cognizance of the offences under Section 498-A and Section 4 of D.P. Act in Annexure-2, is sought to be quashed in the present CRLMC.

(2.) The prosecution case, in short, is that in 1985 the daughter of the informant had married to accused Umesh Ch. Das. At the time of marriage the informant had given a cash of Rs.5,000/-, 8 tolas of gold etc., but could not comply with the demand of one Godrej Almirah, for which his daughter was subjected to ill-treatment by the petitioners, who are her in laws. On 30.05.1992 the informant had gone to his daughter's house on the occasion of "Sabitri Amabasya" where he learnt that his daughter along with her baby aged about seven months have died. Later he came to know from the neighbours of the accused persons that they killed his daughter and the baby by pouring petrol. So, the informant reported the matter at Soro Police Station. Police conducted investigation and after completion of the same, submitted charge-sheet against the petitioners and one Umesh Ch. Das, the husband of the deceased under Section 498- A/304-B of I.P.C. and Section 4 of D.P. Act. On receipt of the charge-sheet, the learned J.M.F.C., Soro took cognizance of the offence under Sections 498-A/304-B/34 of I.P.C. and Section 4 of D.P. Act. against the petitioners and the said Umesh Ch. Das by order dated 24.12.1993 in G.R. Case No.300 of 1992.

(3.) Challenging the said order of cognizance Umesh Ch. Das, the husband of the deceased filed a criminal revision before the learned Sessions Judge, Balasore, who on analysis of materials available on record, by order dated 11.07.1995 set-aside the order of cognizance so far as it relates to Section 304-B of I.P.C. However, he confirmed the order of cognizance as regards cognizance under Section 498-A of I.P.C. and Section 4 of D.P. Act. The trial against the petitioners and Umesh Ch. Das was split up by the learned J.M.F.C., Soro vide order dated 29.04.99.