PRADEEP KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this revision application has challenged the order dated 17.11.1995 passed by the learned 1st Additional Sessions Judge, Berhampur in Criminal Appeal No. 8 of 1995 (Crl. A. No. 88 of 1993 -GDC) modifying the judgment of the learned Judicial Magistrate, First Class, Berhampur, in G.R. case No. 358 of 1991(Trial No. 215 of 1992) with regard to default sentence for non -payment of the fine amount imposed against the appellant -convict.

(2.) THE prosecution case, in nutshell, is that the wife of the petitioner Smt. Rupamanjari Rath married the petitioner on 27.04.1990. During the marriage, some gold ornaments, television set and other articles had been given to the parents of the petitioner. After leading a happy conjugal life for a few days, the wife of the petitioner was subjected to torture, harassment and assault by the petitioner -husband, his brother as well as his mother on demand of more dowry from her parents, for which, the wife of the petitioner came to her father's house being injured and ventilated the same to her parents. Thereafter, an F.I.R., Exhibit -1, was lodged against the petitioner -husband and others at B.N. Pur Police Station by the wife of the petitioner, who is the informant in this case. After investigation, police filed charge -sheet under Sections 498A/324/34 I.P.C. read with Section 4 of the D.P. Act.

(3.) IN order to prove its case, prosecution examined as many as eleven witnesses on its behalf, whereas the defence examined four witnesses.