BASANTI JENA Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the leaned Addl. Standing Counsel for the State. The petitioner is apprehending arrest for the alleged commission of offences under Sections 498-A and 302/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act in G.R. No. 1195 of 2016 of the Court of S.D.J.M. (S), Cuttack arising out of Cuttack Mahila P.S. Case No. 63 of 2016.

(2.) Though F.I.R. has been registered for commission of offences under Sections 498-A and 302/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act. In course of investigation, offences under Section 302 and 304 of the I.P.C. has been deleted and offences under Section 306 and 304-B of the I.P.C. has been added to the scope of investigation. Since, it is apparent from the records that the marriage between the deceased and her husband was solemnized in the year 1999, more than seven years has already elapsed by the time of death of the deceased. Hence, offence under Section 304-B of the I.P.C. is not made out.

(3.) As far as offence under Section 306 of the I.P.C. is concerned, only allegation against the present petitioner is that she and her son were misbehaving and ill-treating the deceased because of her incapacity to bear a child.