PRAKASH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Prakash Naik along with his parents Deba Naik and Lalita Naik and younger brother Babula Naik faced trial in the Court of Additional Sessions Judge, Bhanjanagar in Sessions Case No. 46 of 2003 for offences punishable under Ss. 498A, 304 -B, 302/34 and 406 of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act, 1961.

(2.) The prosecution case as per the First Information Report lodged by Bipra Naik (P.W.2) before the Inspector in -charge, Bhanjanagar Police Station on 07.05.2003 is that his daughter Sunitarani Naik (hereafter 'the deceased') had married the appellant on 06.03.2003 and after marriage the bride and bridegroom lived happily and peacefully for about a month but thereafter the appellant being incited by his family members started demanding Rs. 5000/ - and a cycle. The deceased conveyed the demand of the appellant to the informant who in turn gave assurance to fulfill such demand within two to four months. The appellant started torturing the deceased physically and mentally. Even the mother -in -law, father -in -law, brother -in -law and sister -in -law of the deceased were also assaulting her and insisting for fulfillment of cash and cycle demand and threatening the deceased with dire consequences in the event of non -fulfillment of such demand. Though the deceased communicated about her suffering to the informant but the latter did not give much importance on it. It is further stated in the FIR that on 5.5.2003 night, the appellant and his family members assaulted the deceased, poured kerosene on her and set her on fire in the backyard of their house. Getting such message, the informant rushed to Bhanjanagar Hospital and found the charred body of the deceased. He suspected that the accused persons had killed the deceased. Since he lost his mental balance, there was delay in lodging the FIR.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant and co -accused persons Deba Naik, Smt. Lalita Naik and Babula Naik under Ss. 498 -A, 304 -B, 302/34 and 406 of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act on 08.12.2003 and since the appellant and other co -accused persons refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.