LAWS(ORI)-2022-4-44

PRATAP ACHARYA Vs. STATE OF ORISSA

Decided On April 20, 2022
Pratap Acharya Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Both the Appellants, Pratap Acharya and Sashikala Acharya have been convicted for the offences under Ss. 498-A/304-B read with Sec. 34 of the Indian Penal Code ("IPC") and Sec. 4 of the Dowry Prohibition Act ("D.P. Act").

(2.) Sulochana, the deceased married to Pratap Acharya on 16/5/2012. She died on 26/7/2012 as a result of hypovolemic shock arising out of burn injuries in the house of the Appellants. As per allegations, the Appellants killed the deceased in furtherance of demand of dowry for one gold chain and one electric inverter. The Appellants started torturing the deceased in demand of dowry after 10 days of the marriage.

(3.) The father (P.W.4) of the deceased is the informant. P.W.7 is the mother of the deceased. Prosecution examined total 19 witnesses. P.W. 6, 8, 12, 13, 14 and 15 have turned hostile and do not support prosecution case. Besides oral evidence, 12 documents including the FIR (Ext.2) have also been adduced by the prosecution. Defence did not adduce evidence and their simple plea was, denial as well as false implication. Additionally, Appellant No.1-Pratap Acharya took the plea that he was not present in the house at the time of death of the deceased.