KUNTALA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted under S.302, Penal Code and sentenced to life imprisonment on the charge of having committed murder of her daughter-in-law, Gitanjali on 11-1-1983 at about 2-30 p.m. has preferred this appeal.

(2.) The prosecution case, briefly sketched, is that the deceased Gitanjali was married to Subash, the son of the appellant on 24-5-1981. There was demand of dowry to which the father and brother of Gitanjali did not agree at the first instance, but subsequently it was settled at Rs.8,000/- to be paid after the marriage. The dowry was however demanded on the date of marriage which demand could not be complied with. Due to such reason there was strained feelings between the two families for which the appellant and her son were torturing Gitanjali and were not allowing her to come to her parent' place at Banpur from Sambalpur where the appellant was working as a Dai in the maternity Hospital and had a quarter inside the Hospital premises where all of them were living together. The father of the deceased (P.W.9) borrowed a sum of Rs.6,000/- from P.W.10 and paid the same to the appellant eight months prior to the date of occurrence but the balance of Rs.2,000/- was outstanding.

(3.) On 11-1-1983, when the husband of the deceased was not at home, the appellant took the deceased to the hospital where she underwent a D and C operation which is a minor operation. Before the operation the deceased had been administered phenargan injenction. After the operation the appellant brought the deceased home at about 11.30 A.M. and committed the murder of the deceased in the quarters by strangulation by means of a saya lace (M.O.I.) while the deceased was under the effect of sedation. The appellant thereafter informed P.Ws.7 and 6, the Doctors of the Hospital who had conducted the D and C operation that Gita had done something. The Doctors came and found the deceased to be dead. They were informed by the appellant that the deceased had committed suicide and as such asked the appellant to lodge information with the police. The appellant at 3.30 P.M. reported at the Police Station that Gitanjali had committed suicide. On such report an U.O. Case was registered but later on since on enquiry a case of homicide was detected, an F.I.R. was drawn up by the Circle Inspector on 22-1-1983 on the basis of his investigation revealing a case under S.302, Penal Code. The investigation was continued after which the charge-sheet as above was submitted against the appellant.