SARBA PRASANNA PENDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 17-3-1998 passed in S. T. Case No. 247 of 1996 by the learned 1st Addl. Sessions Judge, Cuttack, convicting the appellant, namely, Sarba Prasanna Panda @ Sarbeswar Panda under Sections 498-A/304-B, I. P. C. read with Section 4 of the D. P. Act and sentencing him to undergo R. I. for life under Section 304-B, I. P, C., he has preferred the present appeal.

(2.) It is revealed from the facts of the case that the deceased Bimala Panda got married to Bhaba Prasanna Panda, the elder brother of the accused-appellant on 10-6-1990. The marriage was solemnized according to Hindu rites and customs. Out of their wedlock, the deceased gave birth to a daughter and a son.

(3.) The prosecution case is that the husband of the deceased was in defence service and was posted at Jammu and Kashmir whereas on the date of occurrence, the deceased and her two children were living in their house at Gopinathpur under Salipur Police Station in the district of Outtack, along with her mother-in-law, namely, Laxmi Dibya and the accused appellant, namely, Sarba Prasanna Panda. The prosecution alleges that at the time of marriage, a demand for Rs. 20,000/- in cash, gold ornaments weighing six tolas and utensils was made as dowry. It is further alleged that the accused appellant along with his mother made a further demand for a scooter as dowry subsequent to the marriage and as the parents of the deceased could not immediately fulfil the said demand, the accused appellant along with his mother was torturing the deceased. Allegation is made that on 5-12-1995 the accused appellant along with his mother caused the death of the deceased Bimala and while they were making preparation to cremate her body, the informant-Pramod Kumar Chaini examined as P. W. 1 during trial, arrived there and prevented them from cremating the body of the deceased. Thereafter, he lodged a written report at Salipur Police Station which was duly registered and after due investigation, charge-sheet was submitted by the police against the accused appellant as well as his mother-Laxmi Dibya (since acquitted).