SUDHAKAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under section 438 Cr.P.C. in in connection with Dharmsala P.S. Case No.177 of 2014 registered under Sections 498-A/304-B read with section 34 Indian Penal Code and section 4 of Dowry Prohibition Act. The said case corresponds to G.R. Case No.594 of 2014 pending in the Court of learned J.M.F.C., Chandikhol.

(2.) The petitioner Sudhakar Behera is the husband of deceased Sarmila Pradhan (hereinafter the "deceased"). Their marriage was solemnized on 11.7.2012. Sarmila died on 23.7.2014 while undergoing treatment at S.C.B. Medical College and Hospital, Cuttack after giving birth to a stillborn female child on 22.7.2014. After death of the deceased, on 24.7.2014 the father of the deceased namely Dhusasan Pradhan lodged an F.I.R. before IIC, Dharmasala Police Station alleging demand of dowry not only at the time of marriage by the bridegroom side but also after marriage and it is the prosecution case that the deceased was subjected to physical and mental torture on account of non-fulfillment of additional demand of Rs.50,000/- by her elder brother-in-law (husband's elder bother) Dibakar Behera and elder sister-in-law (husband's elder brother's wife) Tuni @ Janaki Behera so also by the petitioner. While she was pregnant, she was not provided with proper medication and subjected to physical cruelty on many occasions for which there was miscarriage and she died at S.C.B Medical College and Hospital, Cuttack.

(3.) After registration of the case, the witnesses were examined. The I.O. visited village Harideipur which is the village of the petitioner and conducted inquest over the dead body in presence of the witnesses including the informant and younger sister of the deceased. In the inquest report, the younger sister of the deceased wrote in column No.9 that after giving birth to a stillborn child at SCB Medical College and Hospital, Cuttack, the deceased died but the death is very suspicious. The I.O. sent the dead body to the District Headquarters Hospital, Jajpur Town for post mortem examination and the doctor who conducted post mortem examination did not find any external injury and opined the cause of death due to pulmonary embolism resulting in dyspnea/asphyxia. The I.O. also seized some treatment papers of the deceased which relates to her pregnancy period.