DHUSASAN SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant contending the he has been found guilty Under Section 304 -B of the Indian Penal Code (in brief 1PC) and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as 'the Act') not upon proof but upon suspicion and supposition seeks to set at naught his conviction recorded by the trial Judge.

(2.) THE story ; The appellant had married the deceased Minati on 20 -6 -1986. There was demand of dowry in the shape of cash of Rs. 2000/ - and one cot (Palanka) by the appellant and his sister -in -law (who was arrayed as co -accused but acquitted by the trial Judge) from the father of the deceased Minati which was not acceded to in full. A sum of Rs. 1500/ - was only paid and the balance cash and the cot were promised to be given at later stage. As the father of the deceased failed to keep up the promise Minati was assaulted and was subjected to ill -treatment in the appellant's house. When the assault and ill -treatment reached its peak to the point of intoleration she came to her father's house at Brahamanigaon where she stayed for about six months. The elder brother of the appellant came to Brahamanigaon and took Minati back to their house at village Talukpada. The story further narrates that there was no change of attitude towards the deceased Minati and she was subjected to assault and torture as before who ultimately on 2 4 -1988 committed suicide. Following her death one U.D. Case was commenced which ended in final report. The brother of the deceased Minati, however, did not relent at this and lodged information at Binjharpur Police Station. But, as no action was taken, he moved the Deputy Inspector General of Police (H.A.D.D.), Cuttack on whose direction the matter was investigated which culminated in filing of charge -sheet against the appellant and his sister -in -law. They were put up for trial in the Court of Additional Sessions Judge, Jajpur to face chargas Under Sections 304 -B and 306 of IPC and Section 4 of the Act for having caused the death of Minati, abetted commission of suicide by her and demanded dowry from the father of the deceased Minati. The trial Judge acquitted the co -accused i.e. the sister -in -law of the appellant holding that she was wrongly roped in. The appellant has been found guilty Under Section 304 -B of IPC and Section 4 of the Act and sentenced to undergo rigorous imprisonment for seven years and two years respectively; the sentences to run concurrently.

(3.) THE appellant while not disputing his marriage with deceased Minati, denied all the charges levelled against him. As to the cause of the death of Minati, his version was that she was a chronic colic patient and as the pain became unbearable, she committed suicide.