STATE OF ORISSA Vs. SACHINDRA KUMAR BEHERA

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Orissa against the judgment and order dated 1-10-1992 passed by the Assistant Sessions Judge, Anandpur in S. T. Case No. 19/49 of 1992 wherein he acquitted the accused persons of the charge under Sections 304-B/498-A of IPC and Section 4 of D. P. Act.

(2.) SHORN of unnecessary details the prosecution case is that on 12-7-1991 accused sachindra Behera led deceased Manorama to the altar in accordance with Hindu rites and their caste custom. The father of the deceased, in keeping with his financial capacity presented some household articles and ornaments to the deceased before the marriage alter. Accused Sachindra Behera demanded a gold chain at the time of pakhalkhia and when it could not be complied with skirmishes erupted between the couple. There was also illicit relationship between accused Sachindra and accused snehalata Behera, the wife of his brother who added fuel to the fire in their strained relationship. He, along with the other accused persons subjected Manorama to cruelty. On 10-1-1992 manorama died otherwise than under normal circumstance and the Medical Officer of Salani C. H. C. (P. W. 11) declared her brought dead. On the next date P. W. 11 reported the matter to the O. I. C. Nandipada P. S. (P. W. 14), who registered U. D. Case No. 1 of 1992 and enquired into the matter in course of enquiry, on 11-1-1992 he held inquest over the dead body and sent it to the morgue for autopsy. On the same date Satrughna Patra, father of the deceased (P. W. 1) lodged a written report to P. W. 14. As the allegation contained in the FIR revealed a cognizable case. P. W. 14 registered it under Sections 304-B/498-A/34 of IPC read with Section 4 of D. P. Act and took up investigation. In course of investigation he examined the witnesses, seized some vomiting substance from the back side of the chow shed and some D. D. T. powder from the kitchen of the accused persons. He also seized one mat, one pillow and one quilt from the bed room of the deceased. Furthermore, he seized the washing substance of a grinding stone, one oleander seed and the wearing apparel of the deceased. On 21-3-1992 he made over charge of investigation to Inspector of Police H. A. and D. O. Orissa, cuttack (P. W. 13) who after completion of investigation, submitted charge-sheet under sections 304-B/498-A/34 of IPC read with section 4 of D. P. Act against the accused persons, whereunder they faced trial.

(3.) THE accused persons denied to have made any demand of gold chain and the alleged subsequent ill treatment to the deceased for non-supply of the same. They also denied the allegation of illicit relationship between accused Sachindra and accused snehalata. It is the plea of the accused persons, that on 10-1-1992 evening, the deceased started vomiting and when she was coming out of her bedroom to vomit further, she stumbled over the doorframe and fell down on the ground with force immediately while she was being taken to Salania C. H. C. she expired on the way.