ALOK GOCHHAYAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal has assailed the judgment of conviction and order of sentence dtd. 11/2/2016 passed by the learned Sessions Judge, Jagatsinghpur in C.T. No.109 of 2013 arising out of G.R. Case No.561 of 2013 corresponding to Ersama P.S. Case No.59 of 2013 of the Court of the learned Judicial Magistrate First Class, (J.M.F.C.) (P), Kujanga.

(2.) Prosecution case is that the marriage between the accused and the deceased had taken place sometime in the year 2012-13. It is stated that for the said marriage there was a demand of cash of Rs.40,000.00 from the side of the accused and that was met in part in the said marriage. Some gold ornaments and other household articles had also been given. It is said that since the balance demand of cash of Rs.10,000.00 was not met, the accused with other members of his family were assaulting and threatening the deceased. On 12/5/2013, the accused and his elder brother Ashok Gochhayat as well as Tikili Gochhayat, the sister-in-law quarreled with the victim for non-fulfilment of the demand of dowry. The victim then protested. So, it is said that this accused with his brother and parents tied the hands and mouth of the deceased and set her on fire. On hearing the screaming of the victim, the neighbours came to her rescue and they then shifted her to the District Headquarter Hospital (DHQ Hospital), Jagatsinghpur where she was declared dead. The brother of the deceased (Informant-P.W.7) then presented a written report before the Inspector-in-Charge (I.I.C.) of Ersama Police Station. The I.I.C. treating the same as F.I.R., immediately registered a case and directed one Assistant Sub-Inspector of Police (ASI-P.W.9) attached to that Police Station to take up investigation.

(3.) Learned J.M.F.C., (P), Kujanga on receipt of the Final Form, took cognizance of the said offences. As the presence of the parents of this accused could not be secured, learned J.M.F.C. spilt up the case against the accused and after observing the formalities committed the case to the Court of Sessions for trial. That is how the trial commenced against this accused by framing the charge for the above offences.