KALIA SETHY Vs. STATE

JUDGEMENT

(1.) The convict Kalia Sethy faced trial before the learned Sessions Judge, Puri in Sessions Trial Case No. 221 of 1992 with the charges under Sections 302 and 498-A, I.P.C. He was found guilty of both the charges and had been sentenced to undergo R.I. for life under Section 302, I.P.C. but no separate sentence was awarded under Section 498-A, I.P.C. Being aggrieved by the order of conviction and sentence passed by the learned Sessions Judge, Puri the convict has preferred this appeal from Jail.

(2.) The prosecution case, in brief, is that the marriage between the deceased Hema and the appellant was solemnised in the month of Chaitra, 1991. There was a demand of a sum of Rs. 1500/- in case and a Raleigh cycle as dowry which was met by the parents of the deceased. The deceased Hema was a lefthander i.e. she used to attend works by using her left hand. She was disliked by her in-laws and her husband because of her being a lefthander. Subsequently, the in-laws of the deceased as well as her husband demanded a further sum of Rs. 5,000/- from the parents of the deceased on conditions of keeping the deceased as the wife of the appellant, otherwise she would be deserted. On occasions when the deceased used to visit her patents she complained of mental and physical torture to her parents and made known the demand of Rs. 5,000/- made by her in-laws and her husband. A few days prior to the death of the deceased Nadia the brother of the accused came to the residence of parents of the deceased and requested the father of the deceased to reach the deceased to their residence since the accused had returned from Bhanjanagar where he was serving. Thereupon, the deceased was reached to the house of the accused and that is how the deceased began to live with the accused. On 30th March, 1992, the informant (P.W. 1) the father of the deceased got an information from the father of the accused, namely, Paichha Sethi that the deceased died due to drowning. On hearing the news the parents of the deceased hurried to the residence of the accused and noticed the dead body of deceased Hema on the tank ridge near the water and there were marks of injuries on her body. P.W. 1, the father of the deceased became suspicious and lodged a written report with the police and thus, the law was set in motion. The post-mortem examination of the dead body of the deceased Hema revealed that the deceased suffered a homicidal death due to asphyxia as a result of strangulation. The said report further revealed that the death was not due to drowning or it was suicidal or accidental. Charge-sheet followed after completion of investigation.

(3.) In order to bring home the charges, the prosecution has examined five witnesses in all. On an analysis On an analysis of evidence adduced by the prosecution, the trial Judge found guilty of the accused under Sections 302, I.P.C. and 498-A, I.P.C. and convicted the accused as aforesaid.