SUKANTI MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed against the judgment and order dated 24.06.2008 passed by the Orissa High Court at Cuttack whereby and whereunder the High Court partly allowed the appeal filed by the appellant herein and set aside the conviction of the appellant under Sections 304B, 498A of the Indian Penal Code (for short the IPC) and Section 4 of the Dowry Prohibition Act, 1961 (for short the D.P. Act) but convicted her under Section 302 of the IPC and sentenced her to undergo rigorous imprisonment for life.

(3.) In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out brief facts of the case which gave rise to the present criminal appeal : Marriage was solemnized between the deceased Anjali and Benudhar on 15.07.1999. Deceased Anjali died in the hospital on 14.02.2000 while under treatment for burn injuries which she had sustained on 08.02.2000. Sukanti Moharana, the appellant herein is the wife of the brother of Benudhar, the husband of the deceased. Informant Kabindra Ojha (PW-1) and Bharati (PW-3) are the parents of the deceased, Nakafoldi Ojha (PW-4) is the elder brother of PW-1 whereas PW-2 is the wife of PW-4. One Laxmidhar Ojha (PW-5) who was also examined as a witness is acquainted to brother of PW-1.