MINA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Cherishing the dream of a beautiful future, the nervous bride keeps her feet in the house of her in -laws. She expects a motherly love from her mother -in -law, blessings of father from her father -in -law, caring and sharing attitude from her life partner, fair treatment by her in -laws in the smooth journey of her marital life. What a pity when she gets everything on the wrong side? Most painful is when other women like mother -in -law and sister -in -law join hands together in subjecting her to harassment and torture in connection with demand of dowry. Bitter experiences in her matrimonial home bring tears in her eyes. The tentacles of torment of dowry squeeze all her happiness and sometimes she is forced to meet her tragic end in flames being droused with kerosene. Shameless greedy in -laws try to give a different colour to such condemnable happenings but while trying to escape from the clutches of the law, sometimes they are caught and punished for their wrongdoings.

(2.) The law was set into motion in this case with the presentation of the First Information Report by one Dibakar Behera of village Balia under Kujanga Police Station in the district of Jagatsinghpur before the Inspector in Charge, Kujanga Police Station on 6.9.2015 wherein it is stated that the neice of the informant namely, Mamina Behera (hereafter "the deceased") had married to one Ramachandra Sahoo, who is the son of the petitioner on 18.7.2015 as per Hindu rites and customs in Laxminarayan Temple at Balia. Prior to the marriage, all the demand which were raised from the side of the in -laws of the deceased were fulfilled but one month after marriage, further demand of cash of Rs.50,000/ - was made in connection with the business of the husband of the deceased and due to non - fulfilment of such demand, the father -in -law, mother -in -law (petitioner), husband and brother -in -laws of the deceased subjected her to physical and mental torture. On receipt of information about her torture from the deceased, the informant sent his nephew Gagan Behera to the house of the petitioner with certain presentation gifts on the eve of Janmashtami on 5.9.2015 at about 4.00 p.m. Gagan requested the petitioner to leave the deceased for some days to take her back with him but the petitioner did not allow the deceased to go to her paternal place and on the very next day the informant got the message that the condition of the deceased was alarming. The mother of the deceased namely, Sabitri Behera rushed to the house of the petitioner and found the deceased lying dead with burn injuries. It is stated in the First Information Report that the father -in -law, mother -in -law (petitioner), husband and brother -in -laws of the deceased conjointly killed her by setting fire on her body. On the basis of such First Information Report, Kujanga P.S. Case No.209 dated 06.09.2015 was registered under sections 498 -A, 304 -B, 302 read with section 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. During course of investigation, the Inspctor in Charge of Kujanga Police Station visited the spot, examined the witnesses, held inquest over the dead body of the deceased in presence of Additional Tahasildar -cum - Executive Magistrate, Kujanga, sent the dead body for post -mortem examination. The doctors though did not detect any other internal and external injury on the body of the deceased but opined the cause of death was due to suffocation on account of 90% burn injuries on her body which led to neurogenic shock. Smell of kerosene was also emanating from her body. The Investigating Officer seized one half burnt jerkin containing kerosene and burnt clothes of the deceased from the spot which were sent for chemical examination. The dowry articles which were identified by the informant and his family members were also seized and left in the zima of the informant. The petitioner was taken into custody on 07.09.2015 and forwarded to Court on the next day and after completion of investigation, charge sheet was submitted under sections 498 -A, 304 -B, 302 read with 109 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

(3.) The petitioner moved an application for bail in BLAPL No.707 of 2015 before learned Sessions Judge, Jagatsinghpur which was rejected on 25.01.2016.