BHANU CHARAN PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Bhanu Charan Pradhan along with coaccused Basanti Naik and Kailash Chandra Naik faced trial in the Court of learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No.78 of 1998 for commission of offences punishable under Sec. 498A/304-B/302/34 of the Indian Penal Code (hereinafter 'I.P.C.').

(2.) Learned trial Court vide impugned judgment and order dtd. 2/1/2001 acquitted the co-accused persons, Basanti Naik and Kailash Chandra Naik of all the charges and also acquitted the appellant of the charge under sec. 302 of the I.P.C., but found him guilty under Sec. 498-A/304-B of the I.P.C. and sentenced him to undergo rigorous imprisonment for seven years for commission of offence under sec. 304-B of the I.P.C. and rigorous imprisonment for one year for the commission of offence under sec. 498-A of the I.P.C. and both the sentences were directed to run concurrently. Prosecution Case:

(3.) The prosecution case as per the first information report (hereinafter 'F.I.R.') lodged by Rama Chandra Mohanty (P.W.6) before the O.I.C., Kaptipada police station on 27/9/1997 is that the marriage of his daughter namely, Minoti Pradhan (hereinafter 'the deceased') was solemnized in the month of Asadha, 1996 with the appellant and on account of domestic quarrel, the appellant and the deceased were remaining separately from other family members of the appellant in village Bada Simulia since four months prior to the lodging of F.I.R. after constructing a house there. On 27/9/1997, the informant (P.W.6) got a message about the death of the deceased. Hearing such news, P.W.6 along with his brother came to the village Bada Simulia and found the deceased was lying dead in the house and the appellant was sitting by her side. When the informant (P.W.6) asked the appellant about the cause of death of the deceased, he informed that the deceased consumed poison and died. However, P.W.6 suspected that the appellant had killed the deceased after assaulting her. P.W.6 left his brother near the dead body of the deceased and came to report the matter in the police station and on the way, he met head man of the village Bada Simulia, namely, Banshidhar Patra (P.W.1), who told him that the deceased was being regularly tortured for which she died. It is further stated in the F.I.R. that at the time of marriage, as per demand from the side of bridegroom, all articles were given, but the demand of golden chain could not be fulfilled and it was assured that such demand would be fulfilled at a later stage. Since it could not be fulfilled, the in-laws family members including the appellant were subjecting the deceased to torture and in connection with such torture, a meeting was convened in the gram panchayat on the application submitted by P.W.6 whereafter the deceased was taken back to her in-laws' house and thereafter she came to stay with the appellant at village Bada Simulia. It is further stated that the appellant used to assault the deceased and sometimes the family members of the appellant also came to visit him and on 20/8/1997, the deceased had written a letter to P.W.6 in connection with the assault made by the appellant. It is further stated that on account of demand of gold chain, the appellant and his family members subjected the deceased to cruelty and harassment and being unable to bear the torture, the deceased consumed poison and died. On the basis of such written report, Kaptipada P.S. Case No.91 dtd. 27/9/1997 was registered under Sec. 498-A/304-B/302 of the I.P.C. and sec. 4 of the D.P. Act.