PRASADI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Appeal, the convict Prasadi Sahu assails his conviction under Sec. 304-B read with Sec. 498-A of the I.P.C. and sentencing him to undergo rigorous imprisonment for ten years and further sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000.00 under Sec. 4 of the Dowry Prohibition Act, to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000.00 for the offence under Sec. 498-A of the I.P.C. as per the judgment passed by the learned Addl. Sessions Judge, Sambalpur dated 17.09.2009 passed in S.T. No. 90/01 of 2008-09.

(2.) The case of the prosecution in short is that the informant lodged an F.I.R. stating that his sister (hereinafter referred as the deceased) was given marriage to the accused three/four years back from the date of the F.I.R. and she was being tortured by the accused in furtherance of demand of dowry and on 25.09.2007, the accused sent message to their house to give the dowry money lest the deceased would be killed. On the date of lodging of the F.I.R. when he came, he saw that the deceased has been killed by the accused, his father-in-law and other in-laws by beating her. The F.I.R. was received at 2.30 A.M. on 26.09.2007 as revealed from the endorsement of the registering officer. Then the investigation was taken up and the charge-sheet has been filed on 17.05.2008 for the commission of offences under Sections 498-A, 302, 304-B of the I.P.C. and Sec. 4 of the Dowry Prohibition Act.

(3.) The accused took the plea of complete denial.