STATE OF ORISSA Vs. FAKIR KAR

JUDGEMENT

(1.) HEARD argument, hearing is concluded and the judgment is as follows.

(2.) RESPONDENTS were the four out of eight accused persons who faced sessions trial in the Court of Sessions Judge, Puri in S.T. No. 154 of 1986. In that trial, charge was framed against the accused under Section 302/34, I.P.C. read with Section 498A, 201, I.P.C. and Section 4 of the Dowry Prohibition Act. At the same time, charge for the offence under Section 201, I.P.C. was framed against the and four other accused persons. After recording prosecution evidence, those four accused persons charged under Section 201, I.P.C. were acquitted under Section 232, Cr.P.C. Learned Sessions Judge after considering the prosecution case and the defence version, also granted the order of acquittal under Section 235, Cr.P.C. in favour of the respondents as per the impugned judgment delivered on 02.03.1987.

(3.) TO substantiate the charge, prosecution examined 18 witnesses and relied on Exts. 1 to 3. In the defence, accused declined to adduce any oral or documentary evidence. Amongst the witnesses examined by the prosecution, P.W. 1 is the father and P.W.7 is the step -mother of the deceased. P.Ws.8 and 15 are the paternal uncles, P.W.10 is an aunt (wife of a paternal uncle) and P.Ws.11 and 12 are the agnatic brothers of the deceased. P.Ws. 16, 17 and 18 are the police officers associated with the enquiry or investigation on the death of the deceased. Rest of the witnesses examined by the prosecution are the co -villagers of the accused persons.