SURYA NARAYAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was convicted under Section 498-A, Indian Penal Code, and sentenced to undergo R. I. for 6 months and to pay a fine of Rs. 500/-, in default, to undergo S. I. for one month. The appeal by the petitioner having been dismissed, the present revision has been filed.

(2.) There is no dispute that the petitioner had married P.W. 3 on 17-5-1986. It is alleged by the prosecution that the wife (P.W. 3) was being harassed from time to time for non-fulfilment of demand for dowry. The petitioner and three others were charged under Sections 498-A, 495 read with Section 34, Indian Penal Code, and Sections 4 and 6-A of the Dowry Prohibition Act. However, the petitioner alone was convicted under Section 498-A, Indian Penal Code, and all others were acquitted by the trial Court.

(3.) When the revision came up for admission on 28-10-1996, an order was passed admitting the revision on the question of sentence. In spite of the said order, the learned counsel for the petitioner has vehemently contended that though the revision was admitted on the question of sentence, still the High Court can go into the merit of the case for the purpose of satisfying itself as to the correctness, legality or propriety of the finding of guilt recorded by both the Courts below.