ACHUTA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dtd. 25/8/2012 passed by the learned Ad hoc Additional Sessions Judge (FTC), Khurda in S.T. Case No.33/122 of 2011/2010 arising out of G.R. Case No.619 of 2007 corresponding to Bolagarh P.S. Case No.55 of 2007 in the Court of the learned Sub- Divisional Judicial Magistrate (S.D.J.M.), Khurda. The Appellants (accused persons) thereunder have been convicted for committing the offence under Sec. 302/201/34 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sec. 4 of Dowry Prohibition Act. Accordingly, each of them has been sentenced to undergo imprisonment for life and pay fine of Rs.2000.00 (Rupees Two Thousand) in default to undergo rigorous imprisonment for six (6) months for commission of the offence under Sec. 302 of the IPC; rigorous imprisonment for three (3) years and pay fine of Rs.1000.00 (Rupees One Thousand) in default to undergo rigorous imprisonment for two (2) months for commission of the offence under Sec. 201 of the IPC; and rigorous imprisonment of one (1) year and pay fine of Rs.1000.00 (Rupees One Thousand) in default to undergo rigorous imprisonment for one (1) month for commission of the offence under Sec. 4 of the D.P. Act with the stipulation that the substantive sentences would run concurrently. It is pertinent to mention here that during pendency of this Appeal, the Appellant No.3, namely, Hari Pradhan, the husband of the deceased, having died; this Appeal has abated as against him. So, now this Appeal is confined to Hari's father, mother and younger brother, i.e., the parent-in-laws and borther-in-law of the deceased Banita.

(2.) PROSECUTION CASE:-

(3.) The Investigating Officer (I.O.-P.W.18), in course of the investigation, examined the informant (P.W.11) and recorded his statement under Sec. 161 Cr.P.C. The I.O. (P.W.18), having gone to the spot, prepared the spot map (Ext.8). The I.O. (P.W.18) seized half burnt bone, ashes from the burial ground at Mathapaida in presence of witnesses under seizure list (Ext.2). On 23/6/2007, he (P.W.18) arrested accused Rangabati and seized the dowry articles from the house of accused Rangabait and under seizure list (Ext.1). The seized incriminating articles were sent for chemical examination through Court. On completion of investigation, the Final Form was submitted placing these accused persons with three others to face the Trial for commission of the offence under Sec. 498-A/302/304-B/201/34 of the IPC read with Sec. 4 of D.P. Act.