PRAHALLAD BUDEK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant herein faced a trial for commission of offence under Sections 498A/304B/306/34 IPC read with Section 4 of the D.P. Act along with his mother, Smt. Radhika Budek (since acquitted) in S.C. Case No. 48 -B of 2003.

(2.) THE appellants got married to the deceased Smt. Prabhasini Budek on 27.4.1996. An FIR was lodged by the father of the deceased -Meghanad Disri (P.W.1)on 13.10.2001 alleging therein that his daughter married the accused -appellant about five years back as per their custom and at the time of marriage, he gave certain articles to his daughter and they lived peacefully for some time. Thereafter, the accused started torturing his daughter mentally and physically and demanded dowry of Rs. 10,000/ - and was assaulting his daughter. On complaint, a village meeting was held. When the matter stood thus, on 13.10.2001, getting information from one Ganeswar Sa, he went to the house of his daughter and found her lying dead.

(3.) MR . Dhal, learned Counsel for the appellant submitted that the appellant is innocent and the learned trial Court while analysing the evidence on record has committed an error in not taking into consideration the material contradictions in the evidence of P.W.1 and in not considering the evidence of P.Ws. 10 and 16, who are relevant witnesses. He further contended that the prosecution has failed to prove the ingredients of Section 304B IPC, and, therefore, the learned trial Court has acted contrary to law in raising a presumption under Section 113B of the Evidence Act.