BANAMALI MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Astounding accusation levelled against a father-in-law that he set fire to the house of his son-in-law who did not agree to marry his second daughter after the death of his first wife who was the first daughter of the father-in-law and married at another place.

(2.) The prosecution case as per the first information report lodged by Kanhu Charan Mohanta (P.W.1) before the Officer in Charge of Sarat Police Station is that on 15.01992 at about 8.00 a.m. he had been to village Panaposi for attending obsequies ceremony and on that day his parents had also been to the jungle to collect leaves and his wife Adaramani Mohanta (P.W.9) was only present in the house and at about 12 noon, the thatched house of the informant was set on fire by the petitioner which was seen by P.W.9 and the petitioner fled away towards the jungle after setting fire to the house. It is further stated in the first information report that co-villager Hitai Murmu and others had seen the occurrence. When the house caught fire, P.W.9 cried aloud and hearing her cry, the villagers came there and extinguished the fire but the paddy crops and other valuables were gutted in fire. In the evening hours, when the parents of the informant returned from jungle, the petitioner came to their house and threatened them not to report the matter before the police station or else the family members would face dire consequence. After the informant returned from village Panaposi, he was told about the incident and accordingly, he lodged the F.I.R.

(3.) On the basis of the first information report presented by P.W.1, Sarat P.S. Case No.07 of 1992 was registered on 20.02.1992 under section 436 of the Indian Penal Code and in absence of the Officer in Charge of the Police Station, P.W.12 Jaya Krushna Nayak, who was the A.S.I. of Police not only registered the case but also took up investigation. During course of investigation, he visited the spot, examined the witnesses, seized some half burnt paddy, ashes, half burnt bamboos and wood under seizure list Ext.2, arrested the petitioner and forwarded him to Court and after completion of investigation, submitted charge sheet against the petitioner on 29.02.1992 under section 436 of the Indian Penal Code.