BHOLANATH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Second Addl. Sessions Judge, Puri in S.T. Case No. 7/26 of 1998 convicting the Appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') and sentencing him to imprisonment for life.

(2.) Case of the prosecution is that marriage between the Appellant and deceased was performed according to Hindu rites and custom ten years prior to the date of occurrence. At the time of marrige, dowry had been given by the parents of the deceased and after the marriage, when the couple did not have any child, it is alleged that the Appellant started ill-treating the deceased. The prosecution also alleged that at times the deceased used to send information to her parents and on getting information", the informant, P.W.8 or his father accompafrfibd by some gentlemen used to visit the house of the Appellant to settle the matter. On 17-4-1997 at about 5 p.m., P.W. 8 came to know from his co-villagers that a dead 'body is floating in river Prachi. He along with some villagers went to river Prachi and found a dead body floating. The dead body was identified to be that of the deceased. Thereafter, P.W. 8 lodged the F.I.R. before P.W. 10, on the basis of which, investigation was taken up and charge sheet was filed for commission of offence under Sections 302 and 498(A) of IPC.

(3.) The prosecution examined eleven witnesses, out of whom, P. Ws. 1, 2, 5 and 6 are related to the deceased.P. Ws. 7 and 8 are the mother and brother of the deceased respectively.P. Ws. 3 and 4 are the co-villagers and P. Ws. 9 and 10 are the Investigating Officers. P.W. 11 is the Medical Officer, who conducted the postmortem examination.