PARESH KUMAR NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Grieved by the judgment and order of sentence dtd. 9/1/2013 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 63/182 of 2012, the appellant has preferred this appeal challenging his conviction for offence U/S. 498-A/302/304-B of Indian Penal Code, 1860 (in short the 'IPC') and Sec. 4 of Dowry Prohibition Act, 1961 (in short the 'DP Act') and sentence to undergo imprisonment for life with fine of Rs.20,000.00 in default whereof, to undergo further Rigorous Imprisonment (R.I) for one year for offence U/S. 302 of IPC; to undergo RI for two years with fine of Rs.1,000.00, in default whereof, to undergo R.I. for further three months for offence U/S. 498-A of IPC and to undergo R.I. for one year with fine of Rs.1,000.00, in default whereof, to undergo further RI for further one month for offence U/S. 4 of D.P. Act with stipulation of all the sentences to run concurrently. The learned trial Court by the impugned judgment and order has not awarded any separate sentence to the appellant for offence U/S. 304-B of IPC, while acquitting the parents-in-law of the deceased.

(2.) The prosecution case in brief is one Satyabhama of village Jharbeda (hereinafter referred to as the 'deceased') who was the youngest daughter of P.W.4-Dasaratha Khandei had married to her neighbor, the appellant out of courtship and after the marriage, the deceased was also taking household articles such as rice, cloths etc. from her parents' house and the appellant was assaulting the deceased if she did not bring such household articles. However, suddenly on 13/4/2012 at about 7.30 A.M. in the morning after hearing the cries of his daughter 'MARI GALI MARI GALI' which was coming out of her matrimonial house, P.W.4 and his wife(PW5) rushed to her house and saw the appellant assaulting the deceased by means of a wooden stick locally known as 'RUA' inside an open room and the deceased fell down on the ground by sustaining head injury and died at the spot. On seeing P.W.4 and P.W.5, the appellant ran away from his house by throwing the 'RUA'. Immediately after the incident, P.W.4 and P.W.5 raised commotion and thereafter, P.W.9(brother-in-law of the deceased) and some villagers reached at the spot. On this incident on the same day at about 8.45 A.M., P.W.4 lodged a FIR before OIC Pandapada P.W.12-Balewar Gidhi who registered Pandapada P.S. Case No. 08 of 2012 against the appellant for commission of offence U/S. 498-A/304-B/302 of IPC and took up investigation of this case, in the course of which, he examined the witnesses, conducted inquest over the dead body of the deceased in presence of Executive Magistrate under Ext.3, prepared the spot map under Ext.10, sent the dead body to DHH, Keonjhar for PM examination, seized the blood stained earth and sample earth from the spot under seizure list Ext.6, also seized the weapon of offence (RUA) stained with blood under seizure list Ext.5, arrested the appellant, also seized the wearing apparels of the appellant under seizure list Ext.1 as well as seized the wearing apparels of the deceased under Ext.2 and lastly, sent all the incriminating materials to SFSL Rasulgarh, Bhubaneswar for chemical examination. On conclusion of investigation, P.W.12 submitted charge sheet against the appellant and parents-in-law of the deceased for offences punishable U/Ss. 498-A/302/304-B of IPC and Sec. 4 of D.P. Act under which cognizance was taken resulting in trial in the present case after denial of the accused persons to the charge for the aforesaid offences.

(3.) In support of the charge, the prosecution examined altogether 12 witnesses viz. P.Ws. 1 to 12 and proved certain documents under Exts. 1 to 12 as against the sole oral evidence of the appellant as DW1 in his defence. Of the witnesses examined, P.Ws. 4 and 5 are the eye witnesses to the occurrence, whereas P.W.3 is the brother of the deceased, P.W.7 is the elder sister of the deceased and P.W.9 is the brother-in-law of the deceased. P.W.10 is the doctor who conducted autopsy over the dead body, P.W.12 is the IO, P.Ws. 1, 2, 6 and 8 are independent witnesses-cum-villagers.