State Of Orissa vs M. Bhobana Pradhan And Others
2023 Latest Caselaw 7043 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLLP No. 80 of 2005

            State of Orissa                              ....          Petitioner
                  Mr. Janmejaya Katikia, Additional Government Advocate
                                     -versus-
            M. Bhobana Pradhan and others           .... Opposite Parties


                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 21.06.2023

04. 1. The State has preferred this petition seeking leave to appeal against the judgment dated 10th February, 2005 passed by the Second Additional Sessions Judge, Berhampur in S.C. Case No.3 of 2003 (S.C. No.21 of 2003 G.D.C), whereby the trial Court has acquitted the Accused-Opposite Party Nos.1 to 3 of the offences under Sections 498-A, 304-B, 302 read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961 (D.P. Act).

2. The basis of acquittal was that the evidence produced by the prosecution was not sufficient to convict the present Opposite Parties of the aforementioned offences.

3. It is brought to the attention of the Court that the husband of the deceased faced trial along with the present accused-Opposite Parties and was acquitted by the impugned judgment of the trial Court, against which the Government preferred GCRLA No.2 of 2003 in this Court.

4. Although Mr. Janmejaya Katikia, learned Additional Government Advocate for the State is unable to inform the Court the outcome of the said appeal, as far as the present petition is concerned, the Court is nevertheless required to examine the justification for the trial Court acquitting the co-accused-Opposite Parties.

5. At the outset, Mr. Katikia informs the Court that initially, after conclusion of the investigation, charge sheet was laid only against the husband of the deceased. On a protest petition filed by the Complainant/ Informants, the present Opposite Parties who happen to be the father-in-law, mother-in-law and brother-in-law of the deceased respectively, were arraigned as co-accused.

6. Having carefully examined the impugned judgment of the trial Court with the assistance of Mr. Katikia, learned AGA, the Court is unable to come to a conclusion different from that reached by the trial Court vis-à-vis the present Opposite Parties. Indeed, the evidence was only insufficient to bring home the charges against them.

7. Accordingly, there is no merit in the present petition and it is dismissed as such.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Signature NotS. Behera Verified Digitally Signed

Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 11:44:28