SANGRAM KESHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is the accused in S.T. No. 32 of 1995 under Sections 498-A, 304-B and 306 IPC and Section 4 of the Dowry Prohibition Act on the file of the Assistant Sessions Judge, Balasore. He made a prayer before the learned trial Judge to discharge him under Section 227 of the Code of Criminal Procedure (in short, 'the Code'). The said prayer having been refused by the impugned order dated 13-1-1995 he has filed this application under Section 401 read with Section 482 of the Code.

(2.) Facts :The petitioner had married Bijayalaxmi (hereinafter referred to as 'the deceased') on 20-6-1985. The deceased sustained burn injuries on 28-4-1993 at Jaleswar and succumbed to those injuries on 8-5-1992 at S.C.D. Medical College and Hospital, Cuttack. Following the death, the opposite party no. 2 being the father of the deceased filed FIR on 30-5-1992 at Jaleswar police station alleging dowry death. The allegations made in the FIR are as follows :

(3.) Shri Rao, learned counsel for the petitioner contended that there is no material available for framing charge against the petitioner in as much as the dying declaration would show that the deceased caught fire accidentally while she was lighting the stove for preparing tea. It was submitted by him that the dying declaration totally exonerated the petitioner and as such, there is no basis for framing charge. Shri Jena, learned counsel appearing for the opposite party no. 2 contended that the dying declaration was manufactured document and there are other grounds available on record for presuming that the petitioner committed the crime.