BABAJI DASH @ BABAJI CHARAN DASD v. STATE OF ORISSA
2014-08-11
S.C.PARIJA
body2014
DigiLaw.ai
ORDER Learned counsel for the petitioner files certified copies of the depositions of P.Ws.1 to 6 in Court today which be kept on record. Heard learned counsel for the petitioner and learned counsel for the State. This application under Section 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the present petitioner in G.R. Case No.20 of 2012 arising out of Tirtol P.S. Case No.07 of 2012 pending in the Court of learned S.D.J.M. Jagatsinghpur under Sections 498-A/302/304-B/34 IPC. The brief facts of the case is that the informant-opposite party no.2 lodged a written report before the I.I.C. Tirtol Police Station Jagatsinghpur which was registered as Tirtol P.S. Case No.07 of 2012 under Sections 498-A/30/234 IPC alleging therein that her daughter married the son of the present petitioner ten years back as per Hindu rites and customs. It was alleged that after marriage the husband and the father-in-law (petitioner) harassed his daughter and assaulted her. It was further alleged that on 06.1.2012 his son-in-law called him to their house and he found that the accused persons are burning his daughter by pouring kerosene on her seeing which he became unconscious. It was further alleged that the police took her daughter to the local hospital and as her condition became serious she was shifted to the SCB Medical College and Hospital Cuttack where she died. After completion of the investigation the police submitted charge-sheet against the accused persons including the present petitioner under Sections 498-A/302/304-B/34 IPC cognizance of which has been taken by the learned Magistrate. It is the case of the petitioner that the impugned F.I.R. had been lodged on false and fabricated allegations due to misunderstanding between the parties. It is stated that the daughter of the informant committed suicide and this petitioner had no role to play in the alleged occurrence. It is further submitted that in the meantime the husband of the deceased lady namely Banu Saroj Kumar Das faced trial before the learned Adhoc Addl. District and Sessions Judge (FTC) Jagatsinghpur in S.T.No.9046 of 2012 and vide judgment dated 20.10.2012 he has been acquitted as the prosecution failed to establish the charges Sections 498-A/304-B/302/34 IPC against him.
It is further submitted that in the meantime the husband of the deceased lady namely Banu Saroj Kumar Das faced trial before the learned Adhoc Addl. District and Sessions Judge (FTC) Jagatsinghpur in S.T.No.9046 of 2012 and vide judgment dated 20.10.2012 he has been acquitted as the prosecution failed to establish the charges Sections 498-A/304-B/302/34 IPC against him. It is accordingly submitted that as the husband of the deceased lady has already been acquitted of all charges the continuation of the criminal proceeding against the present petitioner who is the old father-in-law would be an abuse of the process of Court especially when the chances of his ultimate conviction are bleak. Learned counsel for the State fairly submits that there is no other independent material against the present petitioner in support of the charges made against him. On a perusal of the judgment of the learned Trial Court it is seen that the P.Ws.2 3 and 4 who are the parents and brother of the deceased lady have not supported the case of the prosecution. P.W.2 who is the father of the deceased lady has stated in his evidence that he was not in a fit state of mind when he lodged the F.I.R. before the Tirtol Police Station. He admitted in his evidence that he was in visiting terms with the in-laws of his deceased daughter and that she was living happily in her in-laws house. He has also admitted that he had not scribed the F.I.R. and that the same had not been scribed as per his version and the same was not read over and explained to him by the scribe. P.W.3 who is the mother of the deceased lady has supported the version of her husband (P.W.2). She has further stated that there was no demand of dowry by the husband or the in-laws of her deceased daughter and that after marriage her daughter was living happily in her in-laws house and she was blessed with one son and one daughter. She further stated that her deceased daughter wanted to live separately from the in-laws and as her husband did not agree to the same she committed suicide by burning herself.
She further stated that her deceased daughter wanted to live separately from the in-laws and as her husband did not agree to the same she committed suicide by burning herself. P.W.4 who is the brother of the deceased has also supported the version of his parents i.e. P.Ws.2 and 3 and has not stated anything to implicate the husband in the commission of the alleged offence. Even the independent witnesses i.e. P.Ws.5 and 6 have not supported the case of the prosecution. Analysing the evidence on record learned Trial Court has come to hold as under:- “xx xx xx 15. From cumulative analysis and discussion of the testimony of the prosecution witnesses including the relatives of the deceased it is assessed that the death of the deceased is suicidal by burning herself after pouring kerosene due to her husband s (accused) denial to be separated from her in laws and there is no material put forth by the prosecution that the deceased was subjected to torture by her husband and in laws just before her death. Under the above facts and circumstances keeping in view the nature of materials put forth by the prosecution through the mouth of its witnesses i.e. the relatives of the deceased it is held prosecution failed beyond reasonable doubt to bring home the charge against the accused persons us.498-A/304-B/34 IPC.” Considering the submissions made and keeping in view the fact that the other accused person (husband of the deceased) who faced trial has already been acquitted of all charges in S.T. Case No.9046 of 2012 I feel the continuance of the criminal proceeding against the present petitioner who is the old father-in-law would be an abuse of the process of Court especially when the chances of his ultimate conviction are bleak. Accordingly the criminal proceeding initiated against the present petitioner in G.R. Case No.20 of 2012 arising out of Tirtol P.S. Case No.07 of 2012 pending in the Court of learned S.D.J.M. Jagatsinghpur under Sections 498-A/302/304-B/34 IPC. and all consequential criminal proceedings are hereby quashed. CRLMC and misc. case are accordingly disposed of. Issue urgent certified copy as per rules.