PRADEEP BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole appellant/convict-Pradeep Behera assails his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) and sentence to undergo imprisonment for life recorded by the learned Additional Sessions Judge, Bhawanipatna in Sessions Case No.2/4 of 2003 (arising out of G.R. Case No.429 of 2002 (T.R. No.2592 of 2002) of the court of the learned S.D.J.M., Bhawanipatna) vide judgment of conviction and order of sentence dated 18.07.2003.

(2.) The deceased happens to be the wife of the appellant. They were married for about 12 to 13 years prior to the occurrence. On 30.07.2002, the brother of the deceased received information that deceased Pratima Behera had sustained burn injuries on her person. He immediately rushed to the District Headquarters Hospital, Bhawanipatna. On that day also her father Suresh Chandra Joshi also received information and rushed to the District Headquaters Hospital, Bhawanipatna and found that the deceased was hospitalized. During treatment she succumbed to the injuries on 31.07.2002 at about 06.45 A.M. Dr. Sanjaya Kumar Behera treated the deceased and reported to the police that said Pratima Behera died of burn injuries. Prior to her death, though a request was sent by the doctor for recording of her dying declaration, the investigating agency failed to record the dying declaration of the deceased. On 31.07.2002 at about 2.00 P.M. the said Suresh Chandra Joshi, the father of the deceased, lodged a report before the Inspector-In-Charge, Bhawanipatna Town Police Station, Bhawanipatna regarding the incident for which Bhawanipatna Town Police Station Case No.133(29) was registered for commission of offences under Section 498A/302/ 304B of the Penal Code read with Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as "the D.P. Act" for brevity). The Investigating Officer took up investigation and after completion of investigation, submitted charge-sheet against the appellant. On submission of charge-sheet, learned Additional Sessions Judge, Bhawanipatna, framed charges under Sections 498A and 302 of the Penal Code. No charge was framed under Section 304B of the Penal Code or under Section 4 of the D.P. Act.

(3.) The prosecution in order to establish its case examined 14 witnesses. P.W.1 (Suresh Chandra Joshi) happens to be the father of the deceased and informant of the case. P.W.2 (Dillip Kumar Behera) and P.W.3 (Jayant Kumar Behera) are brothers of the appellant whereas P.W.5 (Pradyumna Kumar Joshi) is the younger brother of the deceased. P.W.13 (Pratika Behera @ Chintu) is the minor son of the deceased and the appellant. P.W.4 (Aimati Gahir) is a maidservant in the house of the appellant and the deceased. P.W.6 (Dillip Kumar Budhia), P.W.7 (Bhaskar Puta), P.W.8 (Ramesh Prasad Sahu) and P.W.12 (Prasanta Kumar Pradhan), a Constable of Bhawanipatna Town Police Station, Bhawanipatna, are formal witnesses being witnessed to the seizures, inquest etc. P.W.9 (Dr. Sanjaya Kumar Behera) treated the deceased as an injured and submitted report to the police station on 30.07.2002 at 5.00 P.M. P.W.10 (Dr. Debasis Pattnaik) is the Assistant Surgeon who on examination of the deceased declared her dead. P.W.11 (Mohanlal Chouhan), the A.S.I. of Police and P.W.14 (Banchhanidhi Choudhury), the S.I. of Police, are the two police officers who conducted investigation of the case. In addition to examining of the aforesaid witnesses, prosecution also led into evidence ten exhibits and one material object. The post-mortem examination report has been marked as Ext.8. Post-mortem examination report has been proved through P.W.9 as he was acquainted with the signature and hand-writing of Dr. P.P. Swain who had conducted post-mortem examination of the dead body of the deceased.