SARJAN KHETI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No.34/23 of 2000. The learned Additional Sessions Judge, Sonepur vide the impugned judgment and order held the appellant guilty of charges under Sections 493/306 of the Indian Penal Code (for short 'I.P.C') and sentenced him to undergo rigorous imprisonment for six years and to pay a fine of Rs.2,000/ - and in default to undergo rigorous imprisonment for one year on each of the aforesaid counts and also directed both the sentences to run concurrently.

(2.) THE prosecution came to the trial court with a case that the appellant inducing the deceased with a promise to marry, kidnapped her from the lawful guardianship of her parents residing at Jharsuguda and kept her in the house of his brother - in -law at Rengali Camp and from there he took her to the house of his first cousin (P.W.4), being the daughter of his father's sister, at Tarava and kept her there. The parents of the deceased came to know about the same. Then, the mother of the deceased (P.W.15) arrived there in order to take her back to their house. When the appellant saw the mother of the deceased in the house of his cousin, he fled away from the house giving a push to the deceased and did not return. The mother of the deceased persuaded her to return back to Jharsuguda with her, but as the appellant had deserted her, out of shame and humiliation, on the next day, i.e., on 12.06.1999 morning she poured kerosene on her body and immolated her by setting her to fire, as a result of which she sustained 90% burn injuries. Hara Mahaling (P.W.1), a neighbor of the P.W.4 hearing the hullah arrived there, where the deceased had disclosed the aforesaid and thereafter she was shifted to the District Headquarters Hospital, Bolangir where she succumbed to the injuries. The matter was reported at Tarava Police Station by Hara Mahaling (P.W.1) in writing (Ext.1), pursuant to which Tarava P.S. Case No.70 dated 12.06.1999 was registered and investigated. On completion of investigation, police found substance in the report (Ext.1) against appellant and placed charge -sheet alleging offences under Sections 363/493/306 of I.P.C. against him.

(3.) LEARNED counsel for the appellant has assailed the judgment of conviction and sentence, advancing the contention that in this case there being no credible evidence on record to disclose that the appellant abetted the commission of suicide of the deceased in any manner or he had sexual intercourse with the deceased giving her the impression that he was lawfully married to her, the trial court erred in returning the judgment and order of conviction and sentence. Therefore, he has submitted, the same is liable to be set -aside and the appellant is entitled to an order of acquittal.