KAILASH SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, by preferring the appeal has called in question to the Judgment of conviction and order of sentences dtd. 4/3/1995 passed by the learned Assistant Sessions Judge-Cum-Additional Civil Judge (Senior Division), Balasore in S.T. Case No.2 of 1995 arising out of G.R. Case No.296/1994 in connection with Soro P.S. Case No.146/94 in the file of J.M.F.C, Soro.

(2.) The case of the prosecution before the trial court was that, accused (appellant) is the husband of the deceased'Sankiri @ Sukantilata'. Their marriage was solemnized on 15/5/1994 as per the Hindu rites and custom. At the time of marriage between the accused and the deceased, the brother of the deceased had agreed to give a gold ring to the accused, but after marriage due to some financial difficulties, the brother of the deceased i.e. Khetramohan Das could not able to provide that gold ring to the accused. For which, the accused and the mother-in-law of the deceased started torturing the deceased in her in-laws house. On 16/7/1994, the elder brother of the accused i.e. Narayan Sethi informed to the brother of the deceased that, the health condition of the deceased is not well in their house. So, after hearing about the same, the brother of the deceased along with others came to the house of the accused and found that, the dead body of the deceased has already been cremated by the accused along with his family members. After knowing about the same, when the brother of the deceased i.e. Khetramohan Das (informant) along with others were returning back from the house of the accused, on their way of return, about 40 to 50 persons including the accused obstructed them and forcibly took their signatures on plain papers and threatened them to kill, in case, they will inform that matter to the police. So, after the return of the brother of the deceased to his house, he (Khetramohan Das) lodged the F.I.R. vide Ext.2 before the O.I.C. Soro P.S alleging the aforesaid allegations against the accused and his mother.

(3.) Basing upon such F.I.R., vide Ext.2, the Officer-In-Charge (Umesh Kumar Panda) of Soro Police Station registered Soro P.S. Case No.146 dtd. 19/7/1994 and he (O.I.C.) himself took up the investigation of the case.