STATE OF ORISSA Vs. ATTAR KHAN

JUDGEMENT

(1.) This is an appeal against an order of acquittal from the charges under Sections 498-A/304-B of the Indian Penal Code in Sessions Trial No. 25/51 of 1990 passed by the learned Asst. Sessions Judge, Mayurbhanj, Baripada.

(2.) The case of the prosecution proceeds as follows : Madina Bibi, the daughter of Sk. Abdul Sakur (P.W. 3, the informant) was given in marriage to the respondent in the year 1984. It was alleged that after their marriage, the respondent demanded money from the in- laws'. Sometimes deceased father had fulfilled the alleged demand. In the year 1988 the respondent again demanded Rs. 3000/- to start umbrella business. Since the said demand could not be fulfilled he started giving ill-treatment to his wife Madina and on one occasion she had left the house of her husband and stayed with her parents. After some days, the father of Madina left his daughter in her in-laws' house. While she was staying there, the brother and father of Madina had received an information that Madina was missing. Thus they went to the house of the respondent in village Nuapada and found that dead body of Madina floating in a water tank. Further it was alleged that on 4-8-1988 there was a quarrel between the respondent and deceased. Thereafter she was found missing and the brother of respondent Asraft Khan had lodged a report at Suliapada P.S. and U.D. Case No. 7/88 was registered and during inquiry the OIC (P.W. 8) of Suliapda P.S. examined the father and brother of the deceased, visited the spot, held inquest over the dead body and sent the dead body to the District Headquarter Hospital, Baripada for post mortem examination and thereafter P.W. 8 handed over the inquiry to A.S.I. (P.W. 9) on the event of his transfer on 21-11-1988. The ASI made some further inquiry and closed the U.D. Case on receipt of post mortem report. A plain paper FIR drafted vide Ext. 6 which was submitted to the OIC, Suliapada and the same was registered as Suliapada P.S. Case No. 20 of 1989 and on his direction further investigation was carried out by P.W. 9 and during such investigation P.W. 9 examined the witnesses afresh, seized two letters alleged to have been written by the deceased and the accused. After completionof investigation he submitted charge sheetagainst the accused.

(3.) The plea of the accused was one of complete denial and false implication with the case and the further plea of the accused that he had never demanded dowry from P.W. 3 through his wife Madina (the deceased) and his wife was never subjected to cruelty for demand of dowry.