LAWS(ORI)-2011-11-19

ATMARAM SAHU Vs. STATE OF ORISSA

Decided On November 18, 2011
Atmaram Sahu Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) LATE Chitranjan Sahu, his wife Pratima Sahu, their son Atmaram Sahu and daughters Pranami and Kautuki faced trial for offences under Sections, 304 -B, 498 -A, 302 and 34 I.P.C. as well as under Section 4 of the D.P. Act for the death of the wife of appellant -Atmaram, namely, Ratnaprava @ Kalyani. While deceased -accused -Chitranjan Sahu passed away in course of the trial, his son Atmaram was convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/ -, in default, to undergo R.I. for one year more but acquitted from charges under Sections 304 -B, 498 -A and 34 I.P.C. Appellant -Pratima was convicted under Section 4 of the D.P. Act and sentenced to undergo R.I. for one year and to pay a fine of Rs.5000/ -in default to undergo R.I. for two months more. In so far as Pranami and Kautuki are concerned, the learned trial court acquitted them of all charges.

(2.) CRIMINAL Appeal No. 307 of 2004 came to be filed by the appellant Atmaram Sahu son of late Chitranjan Sahu and his mother Pratima Sahu, seeking to challenge their conviction under Section 302 I.P.C. and Section 4 of the D.P. Act, respectively, vide judgment dated 28.9.2006 passed by the learned Additional Sessions Judge, Talcher in S.T. Case No. 39 -A of 1996.

(3.) THE informant -Narayan Patra (father of the deceased -Kalyani) came to file a petition which is registered as Criminal Revision No.543 of 2007. All these matters being inter -connected, were heard along with the criminal appeal filed by the convicted persons, as well as, Government Criminal Appeal. Accordingly, all the aforesaid matters were taken up for hearing together and disposed of by this common judgment.