CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:

1. The Petitioner has filed the instantCriminal Appeal under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973/ Section 419 (1) and (3) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellant jurisdiction of this Court. The appeal is preferred against the Judgment dated 28.02.2005 passed by the learned Additional Sessions Judge, Jeypore, in Criminal Appeal No. 16 of 2004 arising out of P.S. Case No. 100 of 2002, whereby the Respondent was charged under Section 498A and Section 306 of Indian Penal Code and was thereby acquitted under Section 235 of Cr.P.C.for the offences.

I. FACTUAL MATRIX OF THE CASE:

2. The Prosecution story in brief are as follows:

(i) On 15.01.1993, the deceased was married to the Respondent, and out of the said wedlock three children were born. It is alleged that during subsistence of the marital relationship, the accused subjected the deceased to cruelty and harassment.

(ii) On 30.08.2002, the deceased went to her brother's house. Subsequently, the Respondent, along with his brother and sister, came there to take her back; however, the deceased declined to accompany them.

(iii) Thereafter, four to five days following the said incident, the parents of the deceased received a telephonic call during the daytime informing them that the deceased had died and asking them to come and see the dead body.

(iv) Thereafter, P.W.7 and P.W.8, being the brother and uncle of the deceased, proceeded to the spot and found the dead body lying inside the room. They further ascertained from the eldest son of the deceased that, on the relevant day, the youngest son was eating chalk, whereupon the deceased had requested the Respondent to take it away from him.

(v) Thereupon, a quarrel ensued between the husband and wife, during the course of which the husband allegedly slapped the deceased. It is further stated that, following the said incident the deceased, on 30.08.20002, committed suicide by setting herself on fire.

(vi) Thereafter, a written F.I.R. was lodged by the uncle of the deceased, namely P.W.8, before Boriguma P.S. The same was registered, and upon completion of investigation, the I.O. submitted chargesheet against the Respondent under Section 498A and 306 of IPC.

(vii) Upon a careful perusal of the records and the evidences adduced, the learned Trial Court disbelieved the prosecution case in itsentirety and accordingly, acquitted the Respondent under Section 235 of Cr.P.C.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=FARLzxb7T713hJCp0t1ikuqySUKKkYg8fFzfyc%2FB%2FQNjzTFcn7TPjrhMEp25CQub&caseno=CRLLP/89/2005&cCode=1&cino=ODHC010013622005&state_code=11&appFlag=)

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