RANJAN KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Ranjan Kumar Sahu faced the trial in the Court of learned Asst. Sessions Judge, Chatrapur along with his mother Chandrama Sahu and sister Subasini Sahu for offences punishable under sections 498-A/306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act in Sessions Case No. 17 of 1992/Sessions Case No. 54 of 1992.

(2.) The prosecution case as per the First Information Report presented by one Dandapani Sahu (P.W.14), father of Kabita Sahu (hereafter 'the deceased') is that the marriage between the petitioner and the deceased was solemnized on 08.03.1988 and P.W.6 Somanath Sahu was the mediator in the said marriage and one Mangulu Sahu also helped him in the marriage. It is further stated in the F.I.R. that as per the demand of the petitioner, cash of Rs.16,000/-, gold ornaments and other household articles were given by the informant. The informant came to the house of the petitioner for inviting the petitioner to his house and on that day, he heard from the deceased as well as from the neighbourhood that the accused persons were torturing the deceased as they were not satisfied with the quality of the articles those were given at the time of marriage. The informant tried to settle the matter amicably and left the house of the petitioner. It is further stated in the F.I.R. that in the year 1989 in the month of Shravan, the deceased was taken to her father's place for the delivery where she gave birth to a female child and after the child became seven months old, on 27.05.1990 the informant brought the deceased back to her inlaws house along with the grand daughter and left them in the house of the petitioner in spite of the unwillingness of the deceased to go there. On that day, the accused persons created disturbance and complained about the quality of different articles which were given at the time of marriage. When the informant challenged them, he was abused by the accused persons and also threatened. On 25.06.1990 the informant sent his wife as well as daughter Babita to the in-laws' house of the deceased and both of them visited the deceased and on return, they informed the informant that nobody talked with them and the deceased also was not interested to stay there in her in-laws' house. Since the informant was busy with his business, immediately he could not go to the house of the petitioner and on 02.07.1990 at about 6 O' clock in the evening, he came to know from the Inspector in charge, Balugaon Police station that the deceased had expired. The informant immediately rushed to the hospital and found the dead body of the deceased there and he heard from his brother-in-law (wife's sister's husband) Somanath Sahu (P.W.6) that on the previous day at about 10.00 a.m. when he had been to the house of the petitioner on being invited, the deceased was tortured and he was also abused and accordingly, it is stated in the F.I.R. that due to physical and mental torture given to the deceased in connection with demand of dowry by the accused persons, the deceased died.

(3.) On the basis of such First Information Report, Chatrapur P.S. Case No. 122 of 1990 was registered on 02.07.1990 under sections 498-A/304-B of the Indian Penal Code against the petitioner, his mother Chandrama Sahu as well as sister Subasini Sahu.