STATE OF ORISSA Vs. KETUKA SETHI

JUDGEMENT

(1.) The State has called in question the order of acquittal passed by the learned Assistant Sessions Judge, Aska in S.C. No.5 of 1994 acquitting the respondent of the charge under Sections 498-A/304-B/34, I.P.C.

(2.) Prosecution case is that the respondent No.3 had married deceased Jayanti and had spent two years of happy conjugal life. Deceased Jayanti conceived after about a year of marriage and went to stay in her parents place during delivery of her first child. It is alleged that when she was there, her husband (respondent No. 3) went and advanced a demand before her parents to give him a sum of Rs. 15,000/- so that he would be able to get a service and when the parent-in-laws expressed their inability, it was to the annoyance of respondent No.3. It is further stated that the respondent No. 3 then brought Jayanti and the newly born male child to his house by quarrelling with his parent-in-laws and other relatives of Jayanti while further warning them not to come to his house to see them. It is the further case of the prosecution that on 26.12.1993, the elder sister of Jayanti, Jhumpa Sethi (P.W.9) had been to see Jayanti and the newly born baby when also respondent No. 2, the father-in-law of deceased Jayanti abused her by asking her as to why she had gone there in spite of their warning and further telling that only when the father and brother of Jayanti would come with a sum of Rs. 15,000/-, they would be allowed to have their entry into house to see Jayanti and her newly born. It is also stated that the respondent No. 2 then threatened her saying that if the situation remained such, it might so happen that Jayanti would be killed. It is next alleged that he also assaulted P.W.9. In view of that finally the father and brother of Jayanti came and convened a meeting for such assault upon P.W.9 by the respondent No. 2 when the respondent Nos. 2 and 3 came with some of their supporters and created disturbance with a bid to foil the meeting which they could successfully achieve. When such was the situation prevailing, on 31.12.1993 at about 6 A.M., one Radhakanta Sahoo - P.W.12 informed the parents of Jayanti about her death. So all went to the house of the respondents and found Jayanti lying dead and also ascertained that her death was not under normal circumstance. So, they raised suspicion that as Jayanti was subjected to cruelty and harassment for nonpayment of the said sum of Rs. 15,000/- as earlier demanded, the same has driven Jayanti to commit suicide or for that she must have been murdered. The matter was reported at Patpur Police Station by the mother of deceased, Jayanti whereafter necessary case was registered and the investigation began. On completion of investigation, charge-sheet being submitted placing the respondents for trial for commission of offence under Sections 498-A/304-B/34, I.P.C., they faced the trial.

(3.) The respondents during the trial took the plea of absence of their complicity in commission of the said crime in any manner and they further stated that Jayanti was leading an adulterous life and that when came to light, she committed suicide.