PAWAN KUMAR AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Rupa Dhanuka (hereafter 'the deceased') tied her nuptial knot with petitioner Pawan Kumar Agarwalla on 18.05.2013. Her heart was filled with wishes of a new beginning of life, a new starting point for happiness. The petitioners Ram Swarup Agarwalla, Lalita Devi Agarwalla and Pintu Agarwalla were her father-in-law, mother-in-law and brother-in-law respectively. Giving her first step in her marital home, she could realize the uncomfortable situation prevailing there. Dreams shattered and hopes fractured. Nobody was there to listen to her silent screams and console her wounded hearts. Being emotionally shaken and dispirited, she met her tragic end on 26.02.2017 while she was staying in the house of her in-laws situated at Bazarpada in the district of Angul. Her father Om Prakash Agarwalla set the law into motion by lodging the first information report on the intervening night of 26/27.02.2017 at Angul police station. Angul P.S. Case No. 103 of 2017 was registered under sections 498-A, 304-B, 302, 506 read with section 34 of the Indian Penal Code which corresponds to G.R. Case No. 270 of 2017 pending in the Court of S.D.J.M., Angul. Inquest was conducted over the cadaver of the deceased that indicated presence of injury marks around the neck. Post mortem report indicated injuries marks on the left shoulder, right elbow, left wrist and around neck. Ligature mark was also noticed around the neck. The doctor opined the cause of death was on account of asphyxia as a result of constriction around neck by means of a ligature. The petitioners were arrested during course of investigation and ultimately charge-sheet was submitted against the petitioners for commission of offences under sections 498-A/304-B/306/506/406/34 of the Indian Penal Code.

(2.) Bail applications of the petitioners having been rejected by the learned Sessions Judge in charge, Angul, they have knocked at the portals of this Court seeking for bail.

(3.) Since both the bail applications arise out of the same case, with the consent of the parties, those were heard analogously and disposed of by this common order.