STATE OF ORISSA Vs. MOHANLAL AGARWAL

JUDGEMENT

(1.) Assailing the order of acquittal passed by learned Addl. Sessions Judge, Bargarh in Sessions Trial No. 101/23 of 1994 acquitting the accused from the charges under Ss. 302, 498 -A, 304 -B, IPC read with Sec. 4 of the D.P. Act, the State of Orissa has approached this Court in this appeal.

(2.) On the basis of an F.I.R. filed by Ram Avatar Agarwal (P.W.8), Bargarh P.S. Case No. 234 (27) of 1993 was registered on 27.10.1993, which corresponds to G.R. Case No. 628 of 1993 of the court of learned SDJM, Bargarh. In the F.I.R. it was alleged that the Respondent had married Sangeeta, daughter of the informant (P.W.8) according to Hindu rites and customs way back on 1st March, 1993. Few days after the marriage, certain dissensions cropped up as the family members of the Respondent demanded some more dowry from Sangeeta. On receiving such information from Sangeeta, the informant came to Bargarh and gave a T. V. set to the Respondent's family. Few months thereafter, the family members of the Appellant once again demanded a motor cycle. Unfortunately, the informant could not fulfill the said demand. Being enraged by the said fact, the family members of the Respondent, it is alleged, started ill -treating and torturing Sangeeta and on 27.10.1993 at about 1.00 A.M. the informant received a telephone message to the effect that his daughter had died. After receiving information, he immediately rushed to Bargarh and on enquiry, came to know that his daughter Sangeeta was killed by the family members of the accused due to non -fulfillment of dowry demands. On being questioned, the Respondent and his family members could not give any satisfactory reply about the cause of death of Sangeeta and such, the informant was constrained to lodge the F.I.R. (Ext.7).

(3.) After receiving of the F.I.R., the O.I.C., Bargarh Police Station took up investigation, sent the dead body for post mortem, seized the relevant materials, examined the witnesses and after completion of investigation, submitted the charge -sheet against the Respondent. Learned SDJM after going through the records and on being satisfied that prima facie case is made out, took cognizance of the offence under Ss. 302, 498 -A, 304 -B, IPC read with Sec. 4 of the D.P. Act and committed the case for trial.