PABITRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole Appellant- Pabitra Sahu assails his conviction and sentence to undergo imprisonment for life under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity), to undergo rigorous imprisonment for three years under Sec. 498A of the Penal Code and to undergo rigorous imprisonment for two years under Sec. 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as "the D.P. Act" for brevity) recorded by the learned Additional Sessions Judge, Nayagarh in S.T. Case No.152/26/3/11 of 1997/1995, as per the judgment of conviction and order of sentence dtd. 31/1/2002. It was further observed that all the sentences are to run concurrently. It is apparent that other two coaccused persons, namely, Sarat Sahu and Susila Sahu have been acquitted of the said charges by the learned Additional Sessions Judge, Nayagarh.

(2.) The prosecution case, in short, is that the deceased Puspalata was married to the Appellant Pabitra Sahu on 27/1/1993. Since the parents of the deceased were no more by the time of her marriage, her marriage was performed by her two brothers Srinibas Sahu (P.W.1) and Pitabas Sahu (P.W.2). After the marriage, the deceased Puspalata lived in her in-laws' house. The accused Susila Sahu is the mother-in-law of the deceased Puspalata and the accused Sarat Chandra Sahu is the husband of her sister-in-law namely accused Srimati Sahu.

(3.) Defence took the plea of complete denial of the charge.