STATE OF ODISHA Vs. DHULESWAR ROUT

JUDGEMENT

(1.) The State having filed this Appeal under Sec. 378(1)(b) of the Code of Criminal Procedure, 1973 has called in question the judgment of acquittal passed by the learned Sessions Judge, Cuttack in Sessions Trial Case No.29 of 2010 acquitting the Respondent of the charge under Sec. 498-A of the Indian Penal Code, 1960 and Sec. 3(1)(x)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, 'the SC and ST (POA) Act').

(2.) Prosecution case is that accused Ranjan Rout (since dead) who happens to be the son of accused-Dhuleswar Rout had married Sanjukta Mallick (deceased) on 12/10/2007. Accused Ranjan (since dead) is of Khandayat caste, whereas his wife Sanjukta (deceased) was a member of Scheduled Caste Community being Kandara by caste. So, it is said that for that reason they were not accepted by the present accused. Both then stayed at Puri and there accused Ranjan (since dead) used to illtreat Sanjukta insisting her to bring cash of Rs.50,000.00 from her parents. It is said that subsequently accused-Ranjan left Sanjukta in her parents' house. The father (P.W.3) and brother (P.W.19) of deceased-Sanjukta having arranged a sum of Rs.50,000.00 took Sanjukta to the house of accused-Dhuleswar. Dhuleswar having received the cash however did not allow Sanjukta to stay in his house for which accused-Ranjan and Sanjukta went to village Kacharamal and stayed there in a rented house. But few days thereafter, the house owner drove them out for which Sanjukta again came back to her parents' house. Some days thereafter on 2/6/2009, they stayed together in the house of the same village in a portion of the house of Ratnakar Rout, the elder father of Sanjukta. On 17/6/2009 around 8 P.M. both proceeded to see 'Rama Lila' in that village and did not return. On 21/6/2009, dead body of the deceased was found in a half-buried condition in a dry pond of that village. Getting information, Cuttack Sadar P.S. U.D. Case No.07 of 2009 was registered, and the dead body of Sanjukta being exhumed in presence of Executive Magistrate and others, inquest over the same was made. Thereafter, basing on the report of Judhistir Mallick (P.W.19), brother of Sanjukta (deceased), Cuttack Sadar P.S. Case No.111 of 2009 was registered for commission of offence under Sec. 498-A/302/304-B/201 of the Indian Penal Code, 1860 read with Sec. - 4 of the Dowry Prohibition Act, 1961 and under Sec. 3(1)(x)(xi) of the SC and ST (POA) Act and the investigation commenced. This accused-Dhuleswar and his son accused-Ranjan (since dead) faced the trial. This accused-Dhuleswar however in the said trial stood charged for commission of offence under Sec. 498-A of the IPC and Sec. 3(1)(x)(xi) of the SC and ST (POA) Act.

(3.) During Trial, the prosecution has examined in total twenty-eight (28) witnesses and proved several documents which have been admitted in evidence and marked Exts.1 to 25.