KHIRABADHI TANAYA PANDA Vs. CHANDRA SEKHAR PANDA

JUDGEMENT

(1.) This CRMC has been filed seeking leave to appeal against the judgment of acquittal of the opposite parties passed on 15.2.2001 by the JMFC, Pattamundai in ICC No. 36 of 1995.

(2.) Admittedly aforesaid ICC Case No. 36 of 1995 had been filed by the petitioner alleging commission of offences by the opposite parties under Section 498-A/34 IPC and Section 4 of the Dowry Prohibition Act. The JMFC after scrutinizing the evidence, both oral and documentary, by judgment dated 15.2.2001 acquitted all the opposite parties of the charge under Section 4 of the D.A. Act and opposite parties 3 and 4 of the charge under Section 498-A/34 IPC while convicting opposite parties 1 and 2 only of the charge under Section 498-A/34 IPC. So this case relates to acquittal of opposite parties 3 and 4. It is submitted that in the meanwhile the conviction of opposite parties 1 and 2 has been set aside in Cri. Appeal No. 2 of 2001 by the Addl. Sessions Judge, Kendrapara.

(3.) According to Mr. Bose, learned counsel appearing for the petitioner, the Trial Court committed illegality in acquitting opposite parties 3 and 4 of the charge under Section 498-A/34 IPC on the ground that demand of Rs. 20,000.00 had been made from the father of the petitioner. Mr. Sahoo, appearing for the opposite parties, at the other hand submits that the aforesaid amount had been demanded much after the marriage of the complainant-petitioner and that had no connection with the marriage in question.