SUPREME COURT OF INDIA
State of Orissa
Vs.
Niranjan Mohapatra
Crl.A.Nos.938-939 of 1999
(B.P.Singh and B.N.Srikrishna JJ.)
03.02.2005
B.P. Singh, J.
1. We have heard counsel for the parties.
2. This is an appeal against the judgment and order of the High Court of
Orissa, Cuttack in Criminal Appeal Nos.149 and 221 of 1994 24th September,
1997. The High Court by its impugned judgment and order allowed both the
appeals and acquitted the respondents of all the charges levelled against them.
Earlier, the appellants had been convicted by the trial court under Sections
498A and 304B IPC and sentenced to undergo rigorous imprisonment for two years
under Section 498A and 7 years under Section 304B IPC. However, the appellants
in Criminal Appeal No.221/1994 who are respondent 3 and 4 before us were
released on probation under Section 4 of the Probation of Offenders Act. As
earlier noticed, the High Court by its impugned judgment and order has
acquitted all of them of the charges levelled against them.
3. We have heard counsel for the parties and we have also perused the records
placed before us. We find ourselves in agreement with the High Court that so
far as the allegations relating to the offence under Section 498A is concerned,
the prosecution has not been able to establish its case against the
respondents. The High Court has considered the evidence on record and we
find no reason to interfere with the finding of fact recorded by the High
Court. So far as the offence under Section 304B is concerned, there is no
evidence to suggest that soon before the occurrence the deceased was subjected
to torture and harassment. In the absence of any such evidence, conviction
under Section 304B cannot be sustained. Even the medical evidence on record is
rather ambiguous.
4. We are, therefore, of the considered opinion that the High Court has
recorded the order of acquittal based on the evidence on record and on proper
appreciation of such evidence. We, therefore, find no merit in the
appeals and the same are accordingly dismissed.