TRILOCHAN SETHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/1/2011, passed by the learned Additional Sessions Judge, Talcher in C.T.(Sessions) Case No.2 of 2009, convicting the Appellant for the offence punishable under Sec. 302 of Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.2000.00 and in default to undergo RI for three months.

(2.) It must be mentioned at the outset that the Appellant had been charged with for committing the murder of his wife and additionally, he was charged with the offences punishable under Ss. 498-A, 304-B of IPC as well as Sec. 4 of the Dowry Prohibition Act, 1961 (DP Act). The trial Court has by the impugned judgment, acquitted the Appellant for the offences punishable under Ss. 498-A, 304-B of IPC and Sec. 4 of the DP Act. There were three accused persons apart from the present Appellant which included his brother, sister-in-law and nephew. However, the trial Court has by the impugned Judgment, acquitted them of all the offences they were charged with.

(3.) The case of the prosecution is that the marriage of the Appellant with the deceased Nirupama Sethy took place on 15/7/2005. She was the daughter of Mahendra Sethy (PW-15), the informant. After the marriage, the accused and the deceased were staying in the house of the accused at Chakrasila Colony of Samal Barrage, where the accused was working. They were staying in the house of Biswanath Sethy, the elder brother of the present Appellant, whose wife is Sabitri Sethy and the son is Hemanta Sethy.