STATE OF ORISSA Vs. HAREKRISHNA PANDA

JUDGEMENT

(1.) The State is called in question the order of acquittal passed by the learned Asst. Sessions Judge, in S.T. Case No. 48 of 1997 acquitting the respondent 498-A/306 of I.P.C.

(2.) Case of the prosecution in short is that the respondent married the deceased on 14.4.1983 ad wife of the respondent died on account of torture meted out at her by the respondent and his relation in connection with the demand of dowry. It is also stated that the respondent and his relation used to cause both mental and physical torture upon the deceased which ultimately led to her death by commission of suicide on 27.10.1989 which is within a period of 7 years from the marriage. The case of the defence is complete denial. According to the case of the respondent, the deceased might have committed suicide on account of her weak mental state being not able to conceive and give delivery to a child. Information about the same being lodged at the police station, necessary case was registered and finally on completion of investigation charge-sheet being submitted, the respondents ultimately stood charged for offence under Sections 498A and 306 of I.P.C. and faced the trial.

(3.) The Trial Court having analyzed the evidence of 18 witnesses examined from the side of the prosecution and also two witnesses examined from the side of the defence, ultimately arrived at a conclusion that the prosecution has not been able to establish the charge against the respondents. In course of discussion of the evidence, the Trial Court has first found that the death in the present case has not taken place within a period of seven years of marriage. For that reason the presumption as available under section 113-A of the Evidence Act was not found to have been attracted. Next with regard to the demand and torture, the evidence piloted by the prosecution has not been found to be sufficient. The commission of suicide and ultimate death is thus being held to be attributable to the respondent, the Trial Court has finally passed the order of acquittal.