DEEPAK PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused-Appellant having been convicted for commission of offence under Sections 498-A/302 of the Indian Penal Code (hereinafter referred to as "the I.P.C." for brevity) and sentenced to undergo R.I. for life by the learned Sessions Judge, Sundargarh in Sessions Trial No. 100 of 1997 has preferred this appeal.

(2.) Bereft of unnecessary details, the case of the prosecution is that the deceased Saudamini Pradhan was given in marriage to the accused on 20.4.1996. During the subsistence of marriage the allegation against the accused-Appellant is that he was ill-treating and torturing the deceased as she was not satisfied with the T.V. and wrist watch that was given to him at the time of marriage. The accused-Appellant allegedly assaulted her asking to get cash dowry from her parents. On 10.10.1996 at about 3.00 A.M. one Chandan Swain and Santosh Pradhan being the co-villagers of the Appellant came to the informant and informed him that his daughter Saudamini has become seriously ill. The informant then proceeded to the village where he found that his daughter Saudamini was lying dead on a cot inside her bed room. He also noticed bloody forth in the mouth and nostril of his daughter Saudamini. A ligature mark was noticed on the neck of the deceased. Suspecting that his daughter has been killed, he lodged a report before the Officer-in-Charge of Badgaon Police Station. On such report, the O.I.C. registered a P.S. case and took up investigation. The dead body was sent for post mortem examination. After completion of investigation, the Investigating Officer submitted charge sheet for alleged commission of offences under Section 498-A/304-B/302 of the I.P.C. and Section 4 of the D.P. Act.

(3.) The defence took the plea of denial and the alternative plea that Saudamini was in love with another boy and as her marriage could not be solemnized with that boy, she was unhappy and was quarreling with the in laws and hence she committed suicide.