KIRANMAYI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the order dated 05.04.2006 passed by the Ad hoc Addl.Sessions Judge, Rourkela in S.T. No.44/7 of 2006 framing charge against the petitioner under Sections 498 -A/304 -B/34 IPC read with Section 4 of the D.P. Act.

(2.) BRIEF fact of the case is that one Premalata Devi, lodged an FIR at Sector 7 P.S. Rourkela alleging therein that her daughter Sambedita Mishra was given in marriage to the son of the petitioner and at the time of marriage their demands had been fulfilled. But Sambedita was being tortured by her husband and mother -in -law for more dowry. On 26.06.2005 getting information about the illness of Sambedita, the informant and other family members proceeded to Rourkela and there they came to know that Sambedita is dead. Apprehending that the accused persons had murdered her, the FIR was lodged. Initially, U.D. Case No.7 of 2005 was registered but subsequently it was turned to a G.R. case. Police investigated into the matter and ultimately filed charge sheet against the petitioner and her son. After commitment of the case to the Court of session, the petitioner moved for discharge, but the trial Court considered and rejected the same and framed charges against the petitioner and her son for commission of the offences as already stated.

(3.) MR . S. K. Nayak, learned Addl. Standing Counsel contended that no illegality has been committed by the trial Court in framing charge under Sections 498 -A/304 -B IPC read with Section 4 D.P. Act against the petitioner and the co -accused inasmuch as there are ample materials regarding existence of prima facie case against them. The statement of the informant coupled with that of the brother, sister, friend and neighbour of the deceased recorded under Section 161 Cr.P.C. reveals a case under Sections 498 -A/304 -B/34 IPC and Section 4 of the D.P. Act.