LAXMIDHAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Criminal Revision has been filed inter alia challenging the judgment dated 25th of November, 1995 passed by the Sessions Judge, Mayurbhanj in Criminal Appeal No 24 of 1980 confirming the judgment dated 19th January, 1990 passed by Shri A.P. Sahoo, Assistant Sessions Judge, Udala in S.T. No 11/78 of 1989 convicting the petitioner under Section 498 -A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500.00, in default to undergo further rigorous imprisonment for six months. The petitioner was not found guilty under Sections 304 -B/306/201/34 of the Indian Penal Code and was acquitted of the said charges.

(2.) BEREFT of unnecessary details, the facts of the case are that the appellant and his father Bhaskar Pradhan faced trial under Sections 498 -A/304 -B/306/201/34 IPC on the allegation that on 18th January, 1989 they subjected jayanti Pradhan, wife of the appellant and daughter -in -law of said Bhaskar Pradhan to cruelty which compelled her to commit suicide by taking oliander seed. Admittedly the death occurred within seven years of marriage of Jayanti Pradhan. From the statements made in the FIR it is revealed that deceased Jayanti was subjected to cruelty and harassment on demand of dowry. Admittedly the marriage of the appellant with the deceased was solemnised according to Hindu rites and customs about three years prior to the date of occurrence. Out of their wedlock, a female child was born. On the basis of the FIR, Ext. 1, G.R. Case No./15 of 1989 was registered which was subsequently converted to S.T. No. 11/78 of 1989.

(3.) APART from the oral evidence, prosecution also exhibited seven documents in support of its case.