DEELIP KUMAR MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Deelip Kumar Meher has filed this revision petition challenging the impugned order dated 26.07.2016 passed by the learned Sessions Judge, Kalahandi, Bhawanipatna in Sessions Case No. 62 of 2004 in framing charges under sections 304-B/306/498-A of Indian Penal Code and section 4 of Dowry Prohibition Act against the petitioner.

(2.) As it appears the petitioner earlier approached this Court in Criminal Revision No.813 of 2004 challenging the order dated 03.11.2004 of the learned Trial Court in framing charges under sections 302/304-B/306/498-A of the Indian Penal Code. This Court vide order dated 04.07.2016 allowed the revision petition and quashed the impugned order and directed the learned Trial Court to readdress the charge hearing of the parties in exercise of the power under section 216 of the Cr.P.C.

(3.) The learned Trial Court on consideration of the submission raised by the learned counsels for both the sides has been pleased to observe that the doctor conducting post-mortem examination of the deceased has opined the cause of death of the deceased was due to asphyxia and suicidal hanging. The statements of the witnesses and inquest report also indicate about the finding of the body hanging from a beam in the house of the accused and the death of the deceased was within seven years of the marriage. The learned Trial Court further observed that the materials further indicate that the deceased suffered death otherwise than under normal circumstances and the statements of the informant and other witnesses indicate about demand of cash and motorcycle by the accused. The learned Trial Court further held that there is ground for presuming that the petitioner has committed offences under sections 304-B/306/498-A of Indian Penal Code and section 4 of the Dowry Prohibition Act and accordingly framed charge against the petitioner. The petitioner pleaded not guilty to the charge and claimed to be tried and accordingly, the case was posted for recording evidence of the witnesses.