Bijay Kumar Behera vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (Video conferencing/physical Mode).

The appellant Bijay Kumar Behera has filed this appeal under the proviso to section 372 of Cr.P.C. challenging the impugned judgment and order

dated 18.12.2020 passed by the learned 2nd Addl. Sessions Judge, Baripada in the district of Mayurbhanj in S.T. Case No.43 of 2016 in acquitting the

respondent nos.2 to 4 of the charges under sections 498-A/306/34 of the Indian Penal Code.

Learned counsel for the appellant submitted that in the impugned judgment, while discussing the evidence of the witnesses and the provision under

section 113-A of the Evidence Act, the learned trial Court has observed in para-11 that in view of the ingredients of the offences under section 498-A

and 306 of the Indian Penal Code and section 113-A of the Evidence Act, the offences would be held to have been proved in case of substantiating

the fact of cruelity meted out to the deceased by the respondent nos.2 to 4.

Learned counsel for the appellant submitted that the learned trial Court taking into account the date of marriage of the deceased as 19.02.2013 and the

date of death of the deceased as 06.09.2015 held that there is no doubt that the deceased committed suicide within seven years of marriage. He

argued that since from the evidence of P.Ws.8 and 15, who are the mother and sister of the deceased respectively, the factum of cruelty to the

deceased in the hands of the accused persons is apparent, the learned trial Court should have held that the respondent nos.2 to 4 abetted the

commission of suicide of the deceased in view of the presumption under section 113-A of the Evidence Act.

Heard.

Admit.

Issue notice to the respondent nos. 2 to 4.

Speed Post requisites with proof of delivery for issuance of notice shall be filed by 23.08.2021.

Call for the Trial Court Records.

……………………………