BUDHA @ BUDHA CHARAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant being aggrieved with the order of con - viction and sentence imposed on him under section 498 -A of the Indian Penal Code (for short the 'I.P.C.'), to undergo rigorous imprisonment for one year and to pay a fine of L 1000/ - in default to further undergo rigorous imprisonment for six months by the learned Additional Sessions Judge, Balasore in S.T. Case No. 19 -24 of 1987 has preferred this appeal.

(2.) THE case of the prosecution is that the deceased Laxmi Panda, the wife of the present appellant was missin from the house since the early morning of 9.4.1986. Attempt was made by the in -laws of the deceased to trace out her. But when no information could be gathered about Laxmi, the father of the informant proceeded to the house of the parent of the deceased in Chakradharpur Sasan under Nilagiri Police Station. It is alleged that around 5.00 p.m. information was received from one Kathia Nayak that the deceased body of a woman floating in the waters of "Bebarta Pokhari" (Bebarta Pond). On getting this the informant Rabindra Nath Panda (P.W. 1) the informant accompanied by his younger brother and many others proceeded to 'Bebarta Pokhari' and found the dead body of Laxmi floating in the waters of the pond. Suspecting that Laxmi has committed suicide, P.W. 1 lodged a written report before the Officer -in -chare, Oupada Police Station vide Ext. 1. On receipt of the said F.I.R. (Ext. 11Oupada Police registered U.D.F.I.R. No. 4 of 1986 and enquiry was taken up. The dead body of Laxmi was sent for post -mortem examination. When the postmortem report (Ext. 4) was received by the O.I.C., Oupada Police Station it revealed that the death of the deceased might have occurred due to strangulation resulting in asphyxia and on further query of the Medical Officer and on receipt of further opinion of the doctor that the fracture which was found on 3rd and 4th tracheal rings were sufficient in ordinary course of nature to cause death and those injuries were ante -mortem in nature, the case was turned to be a case of murder and accordingly Oupada P.S. Case No. 13 of 1986 under section 302 of the I.P.C. was registered and U.D. Case No. 4 of 1986 was closed. Investigation proceeded in Oupada P.S. Case No. 13 of 1986 which ultimately culminated in submission of chargesheet against the present appellant and his father Daitary Panda another Smt. Malli Panda and the trial commenced. I may mention here that the charge under sections 498 -A and 306 of the I.P.C. read with section 34 of the I.P.C. were framed against all the three accused persons. The charge under section 306 read with section 34 of the I.P.C. could not be sustained against the accused persons including the present appellant because of the insufficiency of evidence. Similarly, accused Daitary Panda and his wife Smt. Malli Panda were also acquitted of the charge under section 498 -A read with section 34 of the I.P.C. But the present appellant was found guilty under section 498 -A of the I.P.C. and was convicted thereunder.

(3.) THE plea of the accused persons during trial was that of a complete denial of the alleged occurrence and it is their further plea that they have been falsely implicated in the case.