NIRANJAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above two appeals are heard analogously and are disposed of by this common judgment.

(2.) In both the above appeals, all the appellants have been convicted under Sections 498-A and 304-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and seven years respectively, but appellants inCriminal Appeal No. 221 of 94 have been released on probation under Section 4 of the Probation of Offenders Act.

(3.) The prosecution case in brief is, deceased Renubala alias Ranjita married appellant Niranjan sometime during the year 1989 according to the Hindu rites. After marriage while the deceased was staying with her in-laws, it was alleged by the parents of the deceased that she used to complain of being tortured and ill-treated by the appellants because of non-payment of Rs. 3000/- being the balance amount of the dowry promised by the father, P.W. 5 at the time of marriage.On 29-12-92 about 1.00 A.M. in the night, P.Ws. 2 and 3 heard a splashing sound from the well near the house of the appellants. P.W. 2 rushed and found a body floating in the water. He called P.W. 3 who reached the place followed by some other villagers. Renubala was brought out from the well by P.W. 3. A moment thereafter, she searched for her son aged nine months and gave out that her son was also inside the well. The dead body of the child was thereafter recovered from the well. Hearing that her child was dead, she collapsed and died. Prosecution alleged that she committed suicide by jumping into the well because of ill-treatment and torture meted to her by the appellants. After investigation, the appellants were placed on trial and convicted and sentenced as stated above. The defence is one of denial.