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1998 Supreme(Ori) 340

P.K.TRIPATHY
G. RAMANNA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
P.K. Mishra, S.K. Dash, B.B. Panigrahi, for the Appellant; R.K. Patnaik, A.S.C., for the Respondent

JUDGMENT :

P.K. Tripathy, J. - 7.8.1998-Heard.

2. 15 out of 19 accused persons in Sessions Case No. 88/96-16/97 of the Court of Addl. Sessions Judge, Paralakhemundi are the petitioners in this revision. As per order dt 3.10.1997 of the trial Court, charge under Sections 498A/306/34, IPC was framed against the remaining four accused persons and charge for the offence under Sections 186/201/34 was framed against the petitioners. Prior to that, on 20.9.1997 learned trial Court rejected the prayer of the petitioners to discharge them. Petitioners then argued that no prima facie case is made out against them from the materials available in the charge-sheet and the case diary. Petitioners, in this revision, challenge legality and correctness of the order dt. 20.9.1997 and consequently the order of framing charge against them in the aforesaid manner.

3. The case of the prosecution is that Kumar, the deceased was the legally married wife of accused B. Appalaswamy. Accused B. Samesh alias Samesh Rao is his elder brother and accused B. Rammurthy and B. Wannama are their parents and the parents-in-law of the deceased. She was tortured and ill-treated for non-fulfilment of dowry demands. Ultimate













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