POKANI ALIAS PRAKASHINI MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentences passed by the learned Sessions Judge, Cuttack convicting the appellants for commission of offence under Section 302/34 of the Penal Code. As it appears from the record, the appellants and one Pitabas Maharana faced trial for commission of offences under Sections 498-A/304-B read with Section 302/34 of the Penal Code. Learned Sessions Judge on consideration of the evidence on record acquitted Pitabas Maharana from the charges and convicted the appellants for commission of offences as aforesaid.

(2.) Case of the prosecution is that the deceased Amani Moharana had married to accused Pitabas Moharana, son of appellants 2 and 3 five years prior to the date of occurrence. It is alleged that after marriage deceased was being assaulted by the accused person and on the date of occurrence at about 7 P.M. in the evening the informant heard that the deceased has got burn injuries and when he went to the house of the deceased, villagers informed him that the deceased had been carried to Nuagaon P.H.C. When the informant reached Nuagaon P.H.C. he found the deceased being treated by Dr. Jena (P.W. 4). On being questioned by P.W. 4, it is alleged that with much difficulty the deceased stated that her husband Pitabas.assaulted her and thereafter the present appellants who are fatherin-law, mother-in-law and sister-in-law poured kerosene on her and set fire to her body. The deceased was completely burnt and a towel found on her neck was also burnt. On these allegations, F.I.R. having been lodged by the uncle of the deceased (P.W. 1), case was registered for commission of offence under Sections 498-A/307/34 of the Penal Code. From the record, it further appears that the deceased was shifted to S.C.B. Medical College & Hospital, Cuttack from Nuagaon P.H.C. where she died of burn injuries.

(3.) In order to prove the charges leveled against the accused persons, prosecution examined ten witnesses. Out of he said witnesses examined on behalf of the prosecution, P.W. 1 is the informant, P.W. 2 is the doctor who conducted post-mortem examination, P.W. 8 is the doctor who recorded dying declaration, P.W. 9 is the O.I.C. Nuagaon Police Station who recorded statement of the deceased under Section 161, Cr.P.C.