SABITRI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision by the informant lady directed against a judgment of acquittal recorded by Sub -Divisional Judicial Magistrate, Karanjia in a police case under Sec 498 -A of the Indian Penal Code.

(2.) PROSECUTION case in brief was that accused Sirish Chandra married the petitioner in the temple of Lord Shiva and thereafter they lived as husband and wife for about one year and four months in the house of the former. While they were so living, the accused damanded dowry of Rs. 5,000/ - for continuance of marital status of the petitioner. She failed to bring the amount from her father and thus could not fulfil the damand of accused and therefore the accused and his parents harassed and threatened to kill her if she did not go back to her father's house. Because of such harassment and threatening, she went and lived in her father's house and reported at the police station where he promised to keep her. But the accused and his parents did not allow her to return to her husband's house and were threatening to kill her.

(3.) AS many as 11 witnesses were examined on behalf of the prosecution including the informant (PW 1). Prosecution relied on the testimony of PWs 3 and 6, the brother and father of the petitioner and PWs 4, 5, 7 and 9 the co. villagers in proof of marriage and leading of married life. On the point of demand of dowry and torture, prosecution relied on the testimony of PWs 1, 3, 5 and 6.