BANCHHA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellants have challenged the judgment and order of conviction dtd. 20/8/1998 for the offence under Ss. 498-A/328/302/201/34 of the Indian Penal Code (hereinafter referred to as the "Penal Code" for brevity) read with Sec. 4 of the Dowry Prohibition Act, hereinafter referred as the "Act", passed by the learned Addl. District and Sessions Judge, Nayagarh in S.T. Case No.55/286 of 1997/94. The appellants have been convicted for the offence under Ss. 498-A/328/302/201/34 of the Penal Code read with Sec. 4 of the Act and sentenced to undergo imprisonment for life for the offence under Ss. 302 of the Penal Code, one year R.I. for the offence under Sec. 201 of the Penal Code, R.I. for two years with fine of Rs.1000.00(rupees one thousand) for the offence under Sec. 328 of the Penal Code in default to undergo R.I. for three months, R.I. for one year with fine of Rs.500.00 for the offence under Sec. 498-A of the Penal Code in default to undergo R.I. for one month, R.I. for six months with fine of Rs.500.00 in default to undergo S.I. for fifteen days.

(2.) The case of the prosecution can be stated briefly as follows:

(3.) On 22/12/1993 the appellants prepared Arisha and Kakara on the eve of Sudasha Brata and Laxmi Puja to be performed on the next day. Bina was not taking part in preparation of the pithas. That night Satybhama @ Bhama Dei, late mother-in-law of the informant, offered two Kakaras to the deceased. He consumed one and half of the kakara pitha and gave half of it to the informant. After some time, both of them felt head reeling. The deceased died. The informant became unconscious and was shifted to Daspalla Hospital for treatment and regained sense on 28/12/1993 at Nayagarh Hospital. In the mean time, the dead body of her husband was cremated by the accused persons in the early morning of 23/12/1993 to cause disappearance of the evidence of poisoning. After regaining sense, the informant lodged an F.I.R. at Daspalla Police Station which was scribed by Alekha Biswala to her instructions. The F.I.R. was presented by her father before the Police Officer. Police registered the F.I.R. on 2/1/1994.