Babaji Dash vs State of Orissa

S.C. Parija, J. - Learned Counsel for the Petitioner files certified copies of the depositions of PWs.1 to 6 in Court today, which be kept on record.

Heard Learned Counsel for the Petitioner & 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 PS. 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 Cas is that the informant-Opp. Party No.2 lodged a written report before the I.I.C., Tirtol Police Station, Jagatsinghpur, which was registered as Tirtol PS. Case No. 07 of 2012, under Sections 498-A/302/304 IPC, alleging therein that her daughter married the son of the present Petitioner ten years back, as per Hindu rites & customs. It was alleged that after marriage, the husband & the father-in-law (Petitioner) harassed his daughter & assaulted her. It was further alleged that on 06.1.2012, his son-in-law called him to their house & 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 & as her condition became serious, she was shifted to the SCB Medical, College & 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 & fabricated allegations due to misunderstanding between the parties. It is stated that the daughter of the informant committed suicide & 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 & Sessions Judge (FTC), Jagatsinghpur, in S.T.No.90/46 of 2012 & 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 & 4, who are the parents & 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 be was in visiting terms with the in-laws of his deceased laughter & that she was living happily in her in-laws house. He has also admitted that he had not scribed the F.I.R. & that the same had not been scribed as per his version & the same was no read over & explained to him by the scribe.

P W.3, who is the mother of the deceased lady, has supported the version of her husband (PW.2). She has further stated that there was no demand of dowry by the husband or the in-laws of her deceased daughter & that after marriage her daughter was living happily in her in-laws house & she was blessed with one son & one daughter. She further stated that her deceased daughter wanted to live separately from the in-laws & 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. PWs.2 & 3 & has not stated anything to implicate the husband in the commission of the alleged offence. Even the independent witnesses, i.e. P.Ws.5 & 6 have not supported the case of the prosecution.

Analysing the evidence on record, Learned Trial Court has come to hold as under:

"15. From cumulative analysis & 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 & there is no material put forth by the prosecution that the deceased was subjected to torture by her husband & in-laws just before her death.

Under the above facts & 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 under Section 498-A 304-B/34 IPC."

Considering the submissions made & 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.90/46 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.7 of 2012, pending in the Court of Learned S.D.J.M., Jagatsinghpur, under Sections 498-A/302/304-B/34, IPC & all consequential criminal proceedings are hereby quashed.

CRLMC & misc. case are accordingly disposed of. Issue urgent certified copy as per rule.