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2017 DIGILAW 1006 (ORI)

Pawan Kumar Agarwalla v. State of Orissa

2017-09-08

S.K.SAHOO

body2017
JUDGMENT : S.K. SAHOO, J. 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. 4. Mr. 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. 4. Mr. Devashis Panda, learned counsel appearing for the petitioners contended that though initially the case was registered under section 302 of the Indian Penal Code along with other offences as the informant suspected that the deceased was murdered in connection with demand of dowry which has been given a colour of suicide but the post mortem report revealed that the death was suicidal and as a result of hanging. He further submitted that a new story was introduced during course of investigation that the husband of the deceased was suspecting her infidelity and torturing her. It is contended that the investigation revealed that the husband of the deceased used to go to Ujjain during that particular period every year and the viscera report also negatived the theory of poisoning. It is further contended that the conduct of the petitioner Ram Swarup Agarwalla intimating the death of the deceased coming to the house of the informant, the opinion of the doctors to the query of the investigating officer that nail scratches on the neck are not suggestive of throttling and the final opinion of the Professor and HOD, Department of FMT, S.C.B. Medical College that the cause of death of the deceased appeared to be due to complications of hanging by soft broad ligature material clearly substantiate that the informant had brought an unfounded allegation of murder of the deceased against the petitioners. Learned counsel further submitted that the spot visit report by the DFSL indicates that a table was found in the spot room which was used for commission of suicide and the articles seized from the house of the petitioners by the police indicate that most of such articles are house hold and day-to-day use ones and therefore, the details of dowry articles which have been stated by the informant is nothing but a concocted story. He further submitted that the investigation does not reveal that the informant was capable enough to give dowry as stated by him and even the marriage was performed in a Dharmasala. He further submitted that the investigation does not reveal that the informant was capable enough to give dowry as stated by him and even the marriage was performed in a Dharmasala. It is further contended that since there is no chance of absconding of the petitioners and tampering with the evidence, the bail applications may be favourably considered. 5. Mr. Dilip Kumar Mishra, learned Addl. Government Advocate appearing for the State vehemently opposed the prayer for bail and placed the statements of the family members of the deceased to indicate that not only at the time of marriage, there was demand of dowry which was fulfilled but also there was continuous demand of dowry thereafter and the deceased was subjected to physical and mental torture. The learned counsel further submitted that the inquest report as well as the post mortem report indicates that there was physical violence on the deceased prior to her death for which she was compelled to meet her tragic end by leaving her three years daughter. Learned counsel further submitted that absence of the husband of the deceased in the house on the relevant day is not a factor which would falsify the commission of offences under which charge sheet has been submitted. He further contended that not only the family members of the deceased from her paternal side but also the witnesses from the neighbourhood have stated about the physical and mental torture on the deceased by the petitioners and therefore, the petitioners should not be released on bail. 6. Mr. Prafulla Kumar Rath, learned counsel appearing for the informant filed the copy of the CRLMP No.450 of 2017 filed before this Court wherein prayer has been made by the informant for a direction to the investigating officer to properly conduct investigation of the case or to hand over the investigation to efficient investigating agency. He also filed a copy of complaint petition which was filed before the learned S.D.J.M., Angul in I.C.C. Case No.140 of 2017 for taking cognizance of offence under section 302 of the Indian Penal Code along with the other offences. He has annexed the photographs of the deceased taken at the time of inquest to show injury marks on her body. 7. He has annexed the photographs of the deceased taken at the time of inquest to show injury marks on her body. 7. Considering the submissions made by the respective parties, the totality of the facts and circumstances of the case, the statements of the witnesses, the spot visit note, the inquest as well as the post mortem report, the viscera report and the surrounding circumstances under which the deceased died within four years of marriage leaving her minor daughter aged about three years old prima facie reveals that the deceased was subjected to physical and mental torture by the petitioners in connection with demand of dowry and she was pressurized to do all the household works like a maid servant and was not even allowed to keep much contract with her family members. There appears to have physical violence on the deceased prior to her death. Whether the husband of the deceased was absent at Ujjain on the date of occurrence and whether there was criminal conspiracy between the accused persons to commit the crime or not has to be decided by the learned Trial Court. At this stage, on the basis of the available materials, it cannot be concluded as contended by the learned counsel for the petitioners that there was incapacity on the part of the informant to meet the demand of dowry for which such demand and its fulfillment appears to be concocted stories. Detailed examination of evidence and elaborate discussions on merit of the case need not be taken at the stage of consideration of the bail application. I am of the prima facie view that since there are materials on record that soon before her death, the deceased was subjected to physical and mental torture by all the petitioners in connection with demand of dowry and taking note of the nature of accusation, the nature of supporting evidence, the severity of punishment in case of conviction and chances of tampering with the witnesses of the locality where the petitioners are staying, it would not be proper to grant bail to the petitioners. 8. Accordingly, the bail applications being devoid of merits stand dismissed.