STATE OF ORISSA Vs. PRASANNA KUMAR SANAPATI

JUDGEMENT

(1.) The State has preferred this appeal against the acquittal judgment passed by the learned Assistant Sessions Judge, Boudh in S.C. No. 8 of 1989 (S.C. No. 57 of 1989) D.C.

(2.) On the report (Ext. 2) lodged by P.W.1- the father of deceased Susama, the investigation commenced and by that time U.D. Case No.3/86 (Ext. 9) had already been registered by the O.I.C., Kantamal, for the suicidal death of Susama on the report of Laba Sahu (P.W. 7). The allegation in Ext. 2 was that the accused had married his daughter Susama on 5.2.1984 at Chandimandir, Cuttack by exchange of garlands. Thereafter, the father and brothers of the accused demanded Rs. 50,000 as dowry, but somehow he gave Rs. 10,000 only. Thereafter, the accused being an employee in the Fire Brigade was transferred to Kantamal and stayed there on rent in the house of one Laba Sahu (P.W. 7). The accused took casual leave from 21.2.1986 and overstayed for one month leaving Susama at Kantamal. On 22.2.1986, Susama enquired from the co- worker of her husband (P.W. 12) and could know that the accused had gone for second marriage. On 28.2.1986, Susama wrote a letter (Ext. 3) and committed suicide in the house of P.W. 7 at Kantamal. On the report of P.W. 7, P.W. 13 registered U.D. Case No. 3 of 1986 on 28.2.1986 (Ext. 9) and seized the suicidal note (Ext. 3) and also other incriminating materials. The accused was prosecuted and charged under Sections 498-A/306/494 I.P.C. and after trial, the accused was acquitted.

(3.) The learned Court below did not accept the marriage of the accused with Susama and also the prosecution failed to prove the second marriage in toto. While holding the absence of ingredients of Section 494, I.P.C., the. learned Court below further held that in the suicidal note there was no allegation of torture or provocation by the accused leading to Susama's suicide and the content thereof was not properly proved and acquitted the respondent from the charge of Section 306 I.P.C. The Court below found the evidence to be insufficient as both P. Ws. 6 and 7 turned hostile. It further held that since there was no marriage, Section 498-A, I.P.C. is not attracted.