UMAKANTA SARANGI AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the order dated 01.07.2004 passed by the learned Ad hoc Addl. Sessions Judge, Balasore in Sessions Trial No. 10/80 of 2003 framing charge against the Petitioners.

(2.) THE brief facts of the case are that on 16.06.2002 on the basis of the F.I.R. lodged by the brother of deceased before Nilagiri Police station, P.S. case No. 81/2002 corresponding to G.R. Case No. 120 of 2002 was registered. After investigation, charge -sheet was submitted under Sections 306/498 -A/34 I.P.C. and 4 of the D.P. Act. The learned S.D.J.M., Nilagiri took cognizance of the offence and committed the case to the Court of Session. Learned Ad hoc Addl. Sessions Judge, however, framed charge under Sections 302/34 I.P.C. against Petitioner nos. 1 and 2 and under Sections 302/109 I.P.C. against Petitioner No. 3 for abetting the crime. In the alternative, he framed charge under Section 306 I.P.C. against all the Petitioners. Further charge under Section 498 -A I.P.C. and Section 4 of the D.P. Act was framed against Petitioner nos. 1 and 2.

(3.) LEARNED Additional Government Advocate vehemently contended that there is ample material against the Petitioners to frame charge under Section 302/34 I.P.C. against Petitioner nos. 1 and 2 and under Section 302/109 I.P.C. against Petitioner No. 3. There are also materials to frame the alternative charge under Section 306 I.P.C. against all the Petitioners. Therefore, no illegality has been committed by the trial Court framing charge under the above Sections. Petitioner No. 1 developed illicit relationship with Petitioner No. 3 Manorama Dash and on the protest of the deceased, she was assaulted. Petitioner No. 1 also demanded dowry of Rs. 2, 00, 000/ -, but such demand could not be fulfilled. He further stated that the deceased gave a dying declaration with regard to throttling with her saree. He further submitted that report was called for from the Professor, S.C.B. Medical College and Hospital who opined that the death of the deceased was due to venous congestion and asphyxia resulting from hanging and the ligature mark is ante -mortem in nature. He also opined that there was typical ligature mark on the neck of the deceased and there were reddish colour patches on the left breast and on the' neck of the deceased.