PRAMILA PATHAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellants assail the judgment and order of the learned Addl. Sessions Judge, Jajpur in S.T. No. 238/54 of 1989 convicting them of the offences punishable u/ Ss.304-B/ 498-4/ 306, I.P.C. and sentencing each of them to undergo R.I. for eight years for the offence u/S.304-B and awarding no separate sentence for the other two charges. Appellant No. 1 Primala Patnaik is the mother-in-law of the deceased Keno alias Subasini Mohanty, appellant No. 2 Prabod Kumar Patnaik is her husband and appellant No. 3 Subodh Chandra Patnaik alias Subodh Kumar Patnaik is her brother-in-law (younger brother of Prabod Kumar Patnaik).

(2.) The deceased Subasini had married Probodh on 7-5-97. Her parents are residents of village Talapada under Dhamngar Police Station in the district of Balasore. Prabod's parents reside in village Balarampur under Dharmasala Police Station in the district of Cuttack. The incident giving rise to the criminal case took place on 3-8-88 at about evening time when Subasini is alleged to have committed suicide by setting fire to herself in her father-in-law's house at Balarampur. The gist of the prosecution case is that at the time of marriage there was demand for dowry including Rs. 15,000/- in cash by the accused persons. Bhaskar Chandra Mohanty (P.W. 1), father of Subasini paid Rs. 10,000/- in cash and spent the balance amount for hiring a bus for bringing the groom's party to his village. After the marriage members of the family of the in-laws of Subasini were not satisfied with quality of the articles sent with the bride and also wanted the balance amount of Rs. 5000/- to be paid. The said demand having not been satisfied by P.W. 1 the accused persons are alleged to have harassed and tortured Subasini. She was abused and denied food. Due to the torture Subasini was frightened to reside in the family of the accused. In the meantime she gave birth to a male child while staying in her parental house, on 22-2-88; the child died after a few days. Thereafter she went to her father-in-law's house. From there she had addressed a letter to her father (Ext. 1) expressing her reluctance to stay in the house of the accused, getting which her father (P.W. 1) went to Balarampur with one Narendra Prasad Mohanty to bring Subasini to his house, but the appellants 1 and 2 suggested to send Subasini with her husband at the time of car festival. Indeed Subasini and her husband came to village Talapada, the latter left after staying there for two days and during his stay he was apprised of the complaints of Subasini about the ill-treatment and torture meted out to her in his house. On 2-7-88 her husband dropped a post card to Subasini asking her to come immediately to Balarampur since he was ill and accordingly she returned to her father-in-law's house. Debendra Mohanty who accompanied Subasini to Balarampur informed her parents that he found her husband in good health. When he suggested to bring back Subasini with him to Talapada her husband suggested to leave her there on his way to the place of posting. On 4-8-88 at about 10 a.m. Narendra Prasad Mohanty and another arrived at Talapada and gave news of the death of Subasini at the S.C. B. Medical College Hospital, Cuttack on account of burn injuries sustained by her; her father immediately rushed to the Hospital. Thereafter he reported the matter at the Mangalabag Police Station in Cuttack town and on being directed by the authorities there he lodged the First Information Report (FIR) at the Dharmasala Police Station whereafter investigation was taken up.

(3.) In course of the investigation the police examined the witnesses, seized the letters marked Exts. 1 to 5, the various articles given by P. W. 1 at the time of marriage of Subasini, sent her dead body for post-mortem examination, seized the remnants of her wearing apparel, the Janata model stove with which she was allegedly cooking at the time of the incident. On completion of the investigation charge sheet was submitted under the sections noted earlier.