PREMANANDA DIP Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant No.2 (Kunja Dip), it is submitted, has died in the mean time. The appeal against him stands abated.

(2.) The Appellants have challenged the judgment passed by learned Asst. Sessions Judge, Patnagarh in S. C. No.90/8 of 1995 whereby they were convicted for the offence under Ss. 498-A/306/34 I.P.C. and sentenced to imprisonment for three years under Sec. 498-A and 8 years under Sec. 306 of I.P.C. with fine of Rs.1,000.00 on each count, in default, to undergo further R.I. for six months and one month respectively. Both the sentences are directed to run concurrently.

(3.) The Prosecution case, in brief, is that on 28/6/1994 Premanand Dip (Appellant No.1) lodged a report before the Officer-in-charge of Belpada P.S. to the effect that the wife of his younger brother had committed suicide by hanging on the previous night i.e. on 27/6/1994. On the basis of this report U.D. Case No.10/1994 was registered. Again on 7/2/1995 one Shankar Majhi lodged F.I.R.to the effect that his daughter, who had been given in marriage to Baishnaba Dip (Appellant No.3) was subjected to cruelty frequently for which she used to come and stay in her parental home. On 27/6/1994 he received information that his daughter had died and accordingly, when he went to the village of the accused persons he found that the dead body had been cremated. Basing on such report Belpada P.S. Case No.7/1995 was registered under Sec. 498- A/34 of I.P.C. followed by investigation. Upon completion of investigation charge sheet was submitted against the accused persons also under Sec. 498- A/34 of I.P.C. However, the trial Court considering the materials on record framed charge under Sec. -498- A/306/34 of I.P.C.