MURARI PASAYAT Vs. KHIRADHAR PASAYAT AND ANOTHER

JUDGEMENT

(1.) This application under section 482 of Cr. P.C has been filed by the petitioner Murari Pasayat challenging the order dated 12.06.2012 passed by the learned S.D.J.M., Jharsuguda in I.C.C. Case No. 56 of 2012 in taking cognizance of the offences under Sections 498-A/302/201/34 of the Indian Penal Code and issuing process against him.

(2.) It is the prosecution case as per the complaint petition filed by the complainant-opposite party No.1 Khiradhar Pasayat in the Court of learned S.D.J.M, Jharsuguda that the complainant gave the marriage of his elder daughter Jagyansini @ Sujata (hereafter "the deceased") to the petitioner in a temple at Belpahad in the district of Jharsuguda. After marriage, the couple stayed at Belpahad in the paternal house of petitioner till 18.06.2011, during which period the petitioner subjected the deceased to torture in connection with demand of dowry and threatened her to kill her in case the demand is not fulfilled. It is the further case of the prosecution as per in the complaint petition that the complainant along with other witnesses came to the house of the petitioner and assured him to comply the demand gradually. On 19.06.2011 the petitioner took the deceased to his working place at Aurangabad, where the petitioner continued to torture the deceased in connection with demand of dowry On 29.06.2011, the complainant received a phone call from the deceased that there was apprehension of danger to her life as the petitioner was threatening her to kill and on the very next day i.e. on 30.06.2011 the complainant received the sad news about the death of the deceased. The complainant reached at Belpahad where he got information that the deceased committed suicide by hanging. The complainant saw the dead body of the deceased and due to mental shock, he became unconscious and after completion of ritual ceremony, he accompanied with his brothers to Kranti Chawk Police Station and reported the matter and though a case was registered but the enquiry was closed. It is case of the complainant that the petitioner tortured the deceased from the very day of marriage at his residence at Belpahad so also at Padmapur in Aurangabad.

(3.) It appears that in connection with the death of the deceased, Kranti Chowk P.S.U.D. Case No.38 of 2011 was registered and during U.D case inquiry, the dead body of the deceased for sent for postmortem examination to Government Medical College and Hospital Aurangabad, where the doctor noticed one oblique ligature mark around the neck above thyroid but he found no fracture of thyroid/cricoid cartilage or fracture of thyroid bone and no other injuries on any part of the body was found and he opined the cause of death was due to hanging. The Sub-inspector of Police of Kranti Chowk Police Station at Aurangabad submitted final report before the Special Magistrate and Asst. Commissioner of Police, City Department, Aurangabad City, indicating therein that while the deceased was alone in her residence on 30.06.2011, she committed suicide by hanging her to the fan and nobody has given any written or oral complaint nor anybody had raised any complaint. It was further observed that since the opinion of the medical officer was that the death was due to hanging, therefore, inference could be done that the deceased was unable to give physical satisfaction to her husband and was feeling depressed. After gathering information from the chits recovered at the spot it was held that it is a case of the unnatural death and it is an offence.