PRAFULLA KU. PANDA @ BHALU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 24.7.1996 passed by the learned Additional Sessions Judge, Berhampur in S.C. No.30 of 1995 (S.C. No.352/95 GDC) convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution, in short, is that on 14.6.1995, P.W.17, who is the father of the deceased, lodged information at Baidyanathpur P.S. stating therein that his daughter (deceased) had married to the appellant two years ago. At the time of marriage, he had given some dowry according to his capacity to the appellant. Soon after the marriage, the deceased along with the appellant was staying jointly with her parents-in-law. After some days, the appellant started assaulting the deceased by taking liquor. Since the appellant assaulted his elder brother, last year, the elder and younger brothers of the appellant left the deceased in the house of her father (informant) and, thereafter, they became separate from the appellant. When the motherin-law requested the informant, he allowed the deceased to come to the house of the appellant. Thereafter, the appellant used to assault the deceased. On 14.6.95, after getting information, the informant went to medical and found his daughter completely burnt and unable to say anything. At the medical, the informant got information from the local people that on 13.6.95 at about 9.00 PM, the appellant poured kerosene on the person of the deceased and set her body into fire in order to kill her. The deceased sustained burn injuries throughout her body and when she cried for help, the neighbours came and extinguished the fire. The deceased succumbed to injury on 15.06.1995 at the hospital. During investigation police visited the spot and hospital, made inquest over the dead body, sent the same for post mortem and after completion of all the formalities filed charge-sheet against the appellant under Sections 302/498-A, IPC.

(3.) The plea of the appellant is of complete denial of the allegations.