Page 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURSIDCITON CRIMINAL APPEAL NO.  665 OF 2017

(Arising out of S.L.P. (Criminal) No.1570 of 2017)

SARADA PRASANNA DALAI  …APPELLANT  

VERSUS

INSPECTOR GENERAL OF POLICE,  CRIME BRANCH, ODISHA & ORS.          …RESPONDENTS

O R D E R

S.ABDUL NAZEER, J.

1 Leave granted.

2 The  appellant  is  the  brother  of  deceased  Sulekha  Dalai.

Sulekha Dalai was married to Trilochan Rout on 4th June, 2008.

According to the appellant, at the time of marriage, dowry in the

form of  cash  of  Rs.1,50,000/-,  20  tola  gold  ornaments,  TV and

washing machine was given to the three accused persons as per

their demand and that certain additional sums have also been given

through  the  deceased.  It  was  contended  that  the  accused  have

murdered the deceased. Therefore, he lodged a complaint against

the accused persons and First Information Report at Talcher Police

1

Page 2

Station  was  registered  against  them  under  Sections  498A,  302,

304B, 34 IPC and Section 4 of the Dowry Prohibition Act, 1961.  It

was further contended that after scientific investigation, the cause

of death was recorded as ante mortem hanging and that ligature

mark found on the body of deceased was not possible by the seized

sari.  However, after five days of the registration of the case, the I.O.

made  a  query  seeking  clarification  whether  the  hanging  was

suicidal or homicidal in nature and the medical officers, who had

conducted  the  post  mortem,  opined  the  hanging  to  be  suicidal

hanging. After investigation, charge sheet dated 4th June, 2011 was

submitted against  the  accused  under  Sections  498A,  306,  304B

read with 34 IPC and under Section 4 of the Dowry Prohibition Act.

The I.O. dropped charges against the accused under Section 302 of

the IPC.  Therefore, the appellant filed a writ petition being WP (Crl.)

No.1131 of 2012 before the High Court of Orissa for a direction for

reopening the case and to hand over further investigation to the

Crime  Branch  or  the  CBI.   The  High  Court  dismissed  the  writ

petition on 29th February, 2016 by holding that further investigation

into  the  case  is  unnecessary.  The  appellant  has  challenged  the

legality and correctness of the said order in this appeal.

2

Page 3

3 The appellant contends that sufficient material is available on

record for framing an additional charge for the offence punishable

under Section 302 IPC.

4 Having heard learned counsel for the parties,  we are of  the

view that it is just and proper for the Sessions Court before whom

the  case  is  pending  to  consider  framing  of  an additional  charge

under  Section  302  of  the  IPC.  Therefore,  the  Sessions  Court  is

directed to peruse the entire material on record in order to consider

the  aspect  of  framing  of  an  additional  charge  for  the  offence

punishable  under  Section  302  IPC.  However,  this  shall  not  be

construed as our opinion on merits of the case.

5 The appeal is accordingly disposed of.   

        …………………………………J.     (J. CHELAMESWAR)

   …………………………………J.     (S. ABDUL NAZEER)

New Delhi; April 10, 2017.

3