MANORANJAN SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted by the learned Sessions Judge, Balasore in S. T. No. 77 of 1999 for commission of offence under section 498-A/306 of I.P.C. and being sentenced to undergo rigorous imprisonment for a period of seven years, has filed this appeal challenging the same.

(2.) Prosecution case is that the appellant had married Malati, the daughter of P.W. 1 in the year 1986 (hereinafter referred to as 'deceased'). At the time of marriage, the parents of the deceased had given some articles for the use of the deceased and other family members and also some gold and silver ornaments. A gold ring was also given to the appellant. The appellant's father was not satisfied with such articles without a bicycle or cash of Rs. 1000.00. The parents of the deceased could not immediately make any arrangement; so promised to pay later. For that reason, there was discord in the relationship of the appellant and the deceased who used to complain before her parents asking them to give a bicycle to the appellant. In course of time deceased gave birth to a male child. Still then the demand from the side of the appellant continued for getting a bicycle. Thus, when the deceased ultimately could not bring the bicycle from her parents, the torture by the appellant and others mounted upon her. She was subjected to torture and cruelty of higher decree by the appellant which made her impossible to continue with a happy conjugal life. So far that reason she committed suicide by hanging with a rope from the roof top. The brother of the deceased informed the said fact of death to his family members. Then P.W. 1 the mother of the deceased came to the house of appellant where she found her daughter lying being covered by a cloth from top to bottom. When she attempted to life the cloth, it was strongly objected to. But somehow she could manage to remove the cloth from the face of the deceased and then to her surprise she found swelling on her head. So the matter was reported at the Police Station. On the basis of the same, necessary case was registered and investigation commenced. Initially U. D. Case was registered and in course of enquiry of that case, inquest was held. Thereafter, the case was converted to a regular one and witnesses were examined. Finally, charge-sheet being placed for commission of offence was submitted under sections 498-A/304-B/306/34 of I.P.C., the appellant and her mother faced the trial.

(3.) Prosecution in order to bring home the charge against the appellant examined either witnesses. P.Ws. 1 to 4 are the inmates and the relations of the deceased. P.W. 5 is the Medical Officer when P.Ws. 6, 7 and 8 are the police officials who had been associated in the process of investigation. The defence examined none.