STATE OF ORISSA Vs. DASARATHA SARAF & OTHERS

JUDGEMENT

(1.) This is an appeal under section 378 of the Code of Criminal Procedure preferred by the State of Orissa challenging the impugned judgment and order dated 03.09.1997 passed by the learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in Sessions Case No.63 of 1996 in acquitting the respondents Dilip Saraf (R -5), Jagat Saraf (R -4), Smt. Indumati Saraf (R -3), Dasaratha Saraf (R -1) and Dasmati Saraf (R -2) of the charges under sections 498 -A, 304 -B, 302 read with section 34 of Indian Penal Code.

(2.) Respondent Dilip Saraf (R -5) was the husband, respondent Jagat Saraf (R -4) was the father -in -law, respondent Smt. Indumati Saraf (R -3) was the mother -in -law, respondent Dasaratha Saraf (R -1) was the brother -in -law (husband's elder brother) and respondent Dasmati Saraf (R -2) was the sister -in - law (husband's younger sister), respectively, of Chhino @ Santilata Dei (hereafter 'the deceased'). Satya Saraf (P.W.1), father of the deceased presented the First Information Report (Ext.1) before the Officer in Charge, Dharamgarh Police Station on 20.04.1996 stating therein that the marriage between the deceased and the respondent Dilip Saraf (R -5) was solemnized two years prior to the date of occurrence as per their prevailing customs and at the time of marriage, the informant had presented some articles including one bhari of gold to the deceased. Six months after the marriage, the deceased was subjected to physical and mental torture in connection with demand of five bharies of gold for which the deceased stayed in her paternal house for about six months. Meeting was convened for settlement of dispute and then the deceased was left in the company of her husband. Two months prior to the date of occurrence, the deceased had again come to her father's place along with her husband and stayed for about a month and with much persuasion, she was taken to her in -laws house by her husband. It is the further prosecution case, as per FIR that on 20.04.1996 at about 5.00 p.m. to 6.00 p.m., one Kumudini Sunani came to the house of the informant and gave message to the lady members of the house of the informant that the deceased had committed suicide by hanging herself. The informant while returning home from his works in the evening hours was informed on the way by one Brundaban Saraf (P.W.3) to proceed to the house fast. On reaching home, the informant came to know about the death of the deceased. It is further stated in the F.I.R. that the deceased was tortured by her in -laws family members since the date of her marriage who were demanding five bharies of gold towards dowry. On the basis of such First Information Report, Dharamgarh P.S. Case No. 34 of 1996 was registered under sections 498 -A, 304 -B, 302 read with section 34 of the Indian Penal Code. P.W.13 Santosh Kumar Nayak, Officer in Charge of Dharamgarh Police Station took up investigation of the case, examined the informant and deputed a police constable to the spot to guard the dead body. On 21.04.1996 at about 7.30 a.m., the I.O. proceeded to the spot and found the dead body still hanging from the roof. He released the dead body in presence of the Executive Magistrate and conducted inquest over the dead body and prepared inquest report Ext.2. He sent the dead body to Dharamgarh Sub -Divisional Hospital for post -mortem examination, seized blood stained earth and sample earth from the spot vide seizure list Ext.7. After post -mortem examination, the constable produced the wearing apparels of the deceased which were seized as per seizure list Ext.4. On 21.04.1996 the Investigating Officer (P.W.13) handed over the charge of investigation to Sri Dilip Kumar Deo (P.W.14), Circle Inspector of Police, Dharamgarh. P.W.14 examined witnesses, received post mortem report, arrested the respondents Dilip Saraf (R -5), Jagat Saraf (R -4), Smt. Indumati Saraf (R -3) and Dasmati Saraf (R -2) and forwarded them to Court on 29.04.1996. He also seized dowry articles as per seizure list Ext.8 and on 20.07.1996, he again handed over the charge of investigation to P.W.13 who took steps for sending the seized articles to R.F.S.L., Berhampur for chemical analysis through the learned S.D.J.M., Dharamgarh and received the chemical examination reports (Exts. 11 and 12). P.W.13 seized one cot and gave it in the zima of P.W.1 under zimanama Ext.13. On 27.07.1996 P.W.13 arrested respondent Dasaratha Saraf (R -1) and forwarded him to Court and on the very same day, he submitted charge sheet under sections 498 -A, 304 -B, 302 read with section 34 of the Indian Penal Code against all the five respondents.

(3.) After observing due committal formalities, the case of the respondents was committed to the Court of Session for trial where the learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna framed charges against the respondents under sections 498 -A, 304 -B, 302 read with section 34 of the Indian Penal Code on 30.10.1996 and since the respondents denied the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and to establish their guilt.