BIKALA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the present appellant-Bikala Sahu along with his father, Maheswar Sahu, since acquitted by the learned trial judge, was charged for committing the offences under Sections 498(A)/302/304(B)/34 of the Indian Penal Code, 1860, (hereinafter referred to as "the Penal Code", for brevity), read with Section 4 of Dowry Prohibition Act, 1961 (hereinafter referred as "the Act, for brevity"). The learned 1st Addl. Sessions Judge, Cuttack as per the judgment dated 12.05.2000 in Sessions Trial No.318 of 1992, (arising out of G.R. Case No.930 of 1991 being committed by J.M.F.C.(R), Cuttack, acquitted the father of the appellant from all charges. Additionally, he acquitted the present appellant for the offences u/s. 498(A)/304(B)/34 of the Penal Code read with Section 4 of the Act. However, the learned 1st Addl. Sessions Judge convicted the present appellant for the offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life, but no fine was imposed on him.

(2.) The case of the prosecution bereft of all unnecessary details is as follows:- On 01.10.1991, the informant-Maheswar Sahu presented a report before the Godisahi Out Post, inter alia, alleging that his daughter-in-law-Smt. Pallei Sahu (deceased) was ailing for some days past and on 29.09.1991 Sunday night, she left the house without his knowledge. On the following day, he searched for his daughter-in-law, but could not get her. On 01.10.1991 morning, he got information and went to the river of Mahanadi, which flows towards his village and saw the dead body of the deceased lying inside the water of Mahanadi.

(3.) The plea of the accused person is that of complete denial.