NILAKANTHA PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused-appellant has been convicted under Ss. 306 and 498-A of the Penal Code, 1860 (in short, 'IPC') and also under S. 3 of the Dowry Prohibition Act, 1961 (for short, 'the Act') and sentenced respectively to undergo rigor ous imprisonment for three years, one year and three months with a direction that the sentences shall run concurrently.

(2.) Admittedly, the accused, a lecturer in Sadasiba Sanskrit Mahabidyalaya situated at Puri married the deceased Saila, the daughter of Ananta Mishra (P. W. 3) and niece of Basudeb Mishra (P.W. 2) and Ganadeb Mishra (P.W. 1) in the month of April, 1982 according to Hindu custom. Out of the three brothers, the eldest is Ananta who was staying in his native village Naraharipur being an agriculturist and the middle and youngest are Basudeb and Ganadeb who being respectively a business man and an advo cate of the legal Bar were staying separately at Dolemandep Sahi in Puri town. Shortly stated, the prosecution case is that in the marriage negotiation Kishore Chandra Mohapatra (P.W. 18), a colleague of the accused being a lecturer in the same college acted as mediator. At the time of the marriage there was a demand of Rs. 10,000.00 as dowry, besides furniture and ornaments by the groom's party which were all given and after the marriage the accused and the deceased resided in a rented house located at Panchu Chaura (Kundhaibenta Sahi), Puri town belonging to one Basudeb Mishra of Nayagarh. The conjugal life became gradually unhappy because the accused tortured the deceased and subjected her to cruelty in different ways on account of insufficient dowry given at the time of the marriage. It is also alleged that the accused in his desire to purchase the house in which he was living on rent sent the deceased to her father and other relatives to collect Rs. 78,000.00 and when the attempts of the deceased proved absortive the torture and cruelty that were being mated out to her became more intensive and as a result thereof on 11-12-1986 between 8 and 11 a.m. the deceased committed suicide by hanging inside her bed-room.

(3.) Basudeb Mishra having came to know about the death of the deceased went to Puri town Police Station and lodged the first information report (Ext. 4). On the basis of the said report, P.S. Case No. 428 of 1986 corresponding to G.R. Case No. 1887 of 1986 was registered by drawing up the formal, FIR (Ext. 4/2). The police visited the spot, held inquest over the dead body of the deceased as per Ext. 7 and sent the dead body for postmortem examination through a constable (P.W. 15). Since the accused had some injuries in his person he was also sent for medical examination on 11-12-1986. Requisition was also sent to the Scientific Officer, District Fo rensic Science Laboratory, Puri (P.W. 12) who inspected the spot. The wearing apparels and orna ments of the deceased and three broken railings of an window in the bed-room were seized as per the seizure list, Ext. 5. Subsequently, an Inspector of Police attached to H.A. and D.D. Cuttack being directed by the Deputy Inspector General of Police, Orissa took charge of the investigation and after completion of investigation he submitted charge sheet against the accused on 28-5-1987. After com mittal of the case the accused stood charged not only for the offences under which he was convicted but also under S. 4 of the Act.