SUBASH BHUYAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 17/11/2000, passed by the learned Additional Sessions Judge, Bhanjanagar-Aska in Sessions Case No.20 of 1999, convicting the Appellants for the offences punishable under Ss. 302/34, 304-B, 498-A, 201 of Indian Penal Code (IPC) as well as Sec. 4 of the Dowry Prohibition Act, 1961 (DP Act) and sentencing each of them to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.1,000.00 each and in default to undergo RI for two months for the offence under Sec. 302 read with 34 of IPC; to undergo RI for seven years for the offence under Sec. 304-B IPC; to undergo RI for two years for the offence under Sec. 498-A IPC; to undergo RI for three years for the offence under Sec. 201 IPC and to undergo RI for six months each for the offence under Sec. 4 of the DP Act. All the sentences were directed to run concurrently.

(2.) The case of the prosecution is that Accused No.2 (A-2) (Appellant No.2) Pradeep Kumar Bhuyan @ Sambhu had married the deceased Jotsna, the daughter of the informant, namely, Dukhi Jena (PW-11) on 3/5/1995. Accused No.1 (A-1) (Appellant No.1) is the father of the A-2 and Accused No.3 (A-3) (Appellant No.3) is the mother of the A-2. It is stated that at the time of the marriage, articles as per custom were given. However, A-2 had demanded a gold chain and on 20/1/1998, he received Rs.4,000.00 from PW-11 towards the value of the gold chain.

(3.) On 27/1/1998, PW-11 went to the house of the accused and he learnt from his daughter that she had been assaulted by her in-laws. The deceased was not allowed to accompany PW-11 to her house. A-2 promised PW-11 that he would take the deceased to her house after harvesting was over.