RAJIB ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant faced trial in the Court of learned Addl. Sessions Judge, Jagatsinghpur in Sessions Trial No. 325 of 2002 for offences punishable under sections 498 -A, 304 -B, 302 of Indian Penal Code and section 4 of Dowry Prohibition Act. The learned trial Court vide impugned judgment and order dated 7.1.2006 while acquitting the appellant under Section 302 IPC found him guilty under sections 498 -A, 304(B) of Indian Penal Code and Section 4 of Dowry Prohibition Act and accordingly convicted him of such offences and sentenced him to undergo R.I. for one year for offence under Section 498(A) IPC, R.I. for ten years for offence under Section 304(B) IPC and to undergo R.I. for six months for offence under Section 4 of D.P. Act. The sentences were directed to run concurrently.

(2.) THE prosecution case, in short, as per the first information report (Ext. 2) lodged by Pahali Rout (P.W.9), father of Ahalaya Rout (hereafter 'the deceased') is that the marriage between the appellant and the deceased was solemnized one and half year prior to the date of occurrence in Sarala Temple in accordance with Hindu customs and rites. At the time of marriage, cash of Rs. 6,000/ -, gold ornaments and other articles were given towards fulfillment of the demand of dowry. Few days after marriage, the deceased was physically and mentally tortured in connection with demand of more dowries. The appellant got separated from his family members and lived separately with the deceased but continued to torture the deceased physically and mentally demanding more dowries. The deceased was not even allowed to go to her father's place and on one occasion when the deceased visited to her father's place, within three days of her stay, the appellant brought her back. The informant's family members were not visiting the house of the appellant as he was always torturing the deceased. On 15.09.2011 the cousin brother of the appellant came to the house of the informant and gave message regarding the illness of the deceased and about her hospitalization. The informant rushed to Kujanga Hospital and found the deceased lying dead and noticed injuries on her person. The informant suspected that in connection with demand of more dowries, the appellant had killed the deceased.

(3.) IN order to prove its case, the prosecution examined 22 witnesses.