(1.) The appellant has preferred this Criminal Appeal being aggrieved by the order dated 30-6-1999 passed by the Second Addl. Sessions Judge, Cuttack in Sessions Case No. 306 of 1998 convicting him under Section 4 of the Dowry Prohibition Act and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000.00 (Three Thousand), in default to undergo rigorous imprisonment for further period of four months.
(2.) At the outset it may be noted that the appellant in the meanwhile has already undergone the sentence of imprisonment. Thus the Criminal Appeal has virtually become infructuous. But then, learned counsel for the appellant submitted that the appellant is a Government employee and unless this Appeal is disposed of on merit, he will be prejudiced and will suffer unsurmountable hardship. In view of such submission, being the final Court of facts, I went through the materials available on record in detail.
(3.) FIR was lodged on 28-9-1997 by P.W. 5, mother of the deceased, alleging that during negotiation for marriage of her daughter the deceased, with the appellant there was a demand for dowry of cash of Rs. 30,000.00 besides other articles like colour T.V., scooter, etc. Out of the said demand, a cash of Rs. 10,000.00 was paid to the appellant through the mediator and some of the articles demanded were also given by the parents of the deceased along with gold ornaments and utensils, etc. It was alleged that on 5-9-1997 information was received that her daughter Susanti had been admitted in the S.C.B. Medical College-Hospital as she sustained burn injuries on her person. Ultimately, Susanti succumbed to the injuries. On the basis of the said FIR criminal action was set in motion and the Lalbag Police investigated into the case. The appellant faced trial for alleged commission of offences under Sections 498-A/304B/302 IPC read with Section 4 of the Dowry Prohibition Act in Sessions Case No. 303 of 1998.