STATE OF ORISSA Vs. DASARATHA MAHAPATRA AND ANR.

JUDGEMENT

(1.) Heard and the judgment is as follows:

(2.) Order of acquittal in Sessions Trial Case Nos. 25/15 of 1993 of the Court of Assistant Sessions Judge, Champua is under challenge. In that case both the Respondents as accused persons faced the Trial for the offence under Sec. 304 B, Indian Penal Code and under Sec. 4 of the Dowry Prohibition Act. Between the two accused Respondent No. 1 is the father and accused Respondent No. 2 is the son. Respondent No. 2 is the husband of deceased Jasobanti. Informant P.W. 1 is the father of Jasobanti. Rest of the witnesses from P. Ws. 2 to 6, except P.W. 4, are close relatives on the paternal side of the deceased.

(3.) Allegation against the accused persons is that on 04.05.1992 the deceased married accused No. 2, but on 15.09.1992 she was found dead and the cause of the death could not be ascertained in spite of postmortem examination and examination of viscera by the experts. Nonetheless, on the allegation of P.W. No. 1 about demand of dowry of a motorcycle and that the deceased was ill -treated, charge was framed for the aforesaid offence.