AJU PENTHEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant having been convicted for the offence punishable under Section-323/325 of the IPC and sentenced to undergo Rigorous Imprisonment for six months and rigorous imprisonment for three years and fine of Rs.500/- in default to rigorous imprisonment for a period of one month respectively, which are to run concurrently in Sessions Trial No.91 of 2017 of the Court of learned Addl. Sessions Judge, Anandapur has filed this Appeal from inside the jail custody.

(2.) The prosecution case in brief is that Ganga Penthei and Padmavati Penthei had four daughters and Gita was the youngest of them. She was given in marriage with the accused. The accused stayed in the father-in- law's house as illatom son-in-law. He was a goldsmith by profession and used to earn his living on daily wages. The couple had happy marital life for two to three years. In course of time, trouble arose when the accused got addicted to liquor and sat idle. His wife being dependent on his income raised protest as to such conduct of the accused. Accused then used to assault her. Situation reached at that level that Gita examined in the trial as P.W.4 had to lodged the F.I.R. stating all those facts giving rise to commission of offence under Section-498-A/323/506 of the IPC. The local police on receipt of the F.I.R. registered the case. Investigation being taken up was completed and charge-sheet was submitted.

(3.) I have heard Mr.D.K.Patra, learned counsel for the Appellant. I have also heard Mr.S.K.Nayak, learned Additional Government Advocate.