ANIL PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant faced trial in the Court of learned Sessions Judge, Phulbani in Sessions Trial No. 86 of 2008 for offences punishable under Ss. 498 -A, 304 -B, 302, 406 of Indian Penal Code and Sec. 4 of Dowry Prohibition Act, 1961.

(2.) The prosecution case as per the First information report (Ext. 5) presented by Chitrasen Majhi (P.W.7) on 12.04.2008 before the Officer in -charge of G. Udayagiri Police Station is that his daughter Sujata Majhi (hereafter 'the deceased') married the appellant in accordance with caste and customs about three years prior to the lodging of the F.I.R. and they were blessed with a daughter who was aged about two years at the time of occurrence. The informant came to know on 11.04.2008 that the deceased was lying dead in the house of the appellant and immediately he along with his wife and some gentlemen of village Bardalbanga rushed to the house of the appellant and asked him about the occurrence who replied that the deceased caught fire on 11.04.2008 night for which she died. The informant also came to know that there was disturbance between the appellant and the deceased for about two days. The deceased was found lying dead in the house of the appellant with burn injuries. Suspecting that the appellant had killed the deceased, the informant lodged the first information report before P.W.11 Aswini Kumar Nayak, Officer in -charge of G. Udayagiri Police Station who registered G. Udayagiri P.S. Case No. 29 of 2008 under Ss. 498 (A), 304 (B), 302 of Indian Penal Code read with Sec. 4 of Dowry Prohibition Act.

(3.) P.W.11 issued requisition to the Sub -Collector for deputation of Executive Magistrate to the spot for holding inquest over the dead body. P.W.11 examined the informant and other witnesses, issued command certificate to the police constables to proceed to the spot for guarding the dead body. On 13.4.2008 P.W.11 along with the Executive Magistrate and other staffs visited the spot and held inquest over the dead body of the deceased and prepared inquest report Ext. 1. The dead body was sent for post mortem examination through constables.