CHANDRAMANI KUMBHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Chandramani Kumbhar faced trial in the Court of learned Additional Sessions Judge (FTC), Bolangir in S.C. Case No. 87/6/7 of 2005 -06 for offences punishable under Ss. 498 -A, 304 -B and 306 of the Indian Penal Code read with Sec. 4 of the Dowry Prohibition Act, 1961.

(2.) The prosecution case as per the First Information Report lodged by Gayadhar Bag (P.W.3) on 19.04.2005 before the Officer -in -charge, Tusura Police Station is that the marriage between his eldest daughter Daupadi @ Madhuri (hereafter the 'deceased') and the appellant was solemnized on 28.03.2005 in accordance with their caste and customs and since the date of marriage, the deceased was subjected to physical and mental torture in connection with the demand of dowry. Though the demand of different articles were fulfilled but the appellant insisted for a Hercules cycle in place of Hero Jet cycle and he also complained that the gold ornaments which were given at the time of marriage were made of brass. It is further stated in the First Information Report that for non -fulfillment of demand of dowry, the appellant administered poison to the deceased. The brother of the appellant namely Chandrasekhar Kumbhar informed at the house of the informant about the death of the deceased and hearing such news, the mother of the deceased along with others came to the house of the appellant and found that the deceased was lying dead. The incident stated to have taken place during the intervening night of 18/19.04.2005.

(3.) P.W.9 Subodha Kumar Mallik, who was the Officer in -charge of Tusura Police Station, on receipt of the written report from P.W.3 registered Tusura P.S. Case No. 55 dated 19.04.2005 under Ss. 498 -A/302/304 -B of the Indian Penal Code read with Sec. 4 of D.P. Act and took up investigation of the case. During course of investigation, he examined the informant and seized marriage invitation card and copy of dowry articles list on being produced by the informant under seizure list Ext. 2. On 20.04.2005, the Investigating Officer made requisition to the Tahasildar, Tusura for deputation of one Executive Magistrate for conducting inquest over the dead body. P.W.9 visited the spot which is the dwelling house of the appellant and prepared spot map Ext. 12. He conducted inquest over the dead body in presence of the Executive Magistrate and prepared inquest report Ext. 5. He sent the dead body for postmortem examination. P.W.5 Dr. Manorama Satpathy who was the Assistant Surgeon attached to D.H. Hospital, Bolangir conducted post mortem examination on 20.04.2005 on police requisition and submitted her report Ext. 7. She also gave reply to the query made by the Investigating Officer as per her report Ext. 8. The Investigating Officer seized the wearing apparels of the deceased in presence of the witnesses vide seizure list Ext. 9/1. On 21.04.2005 the I.O. arrested the appellant and the dowry articles were seized under seizure list Ext. 10 in presence of the witnesses and the same was given in the zima of the informant vide Zimanama Ext. 6. After completion of investigation, charge sheet was submitted on 19.04.2005 under Ss. 498 -A/306/304 -B of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act.