NILAMANI NATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The four appellants have been convicted under Ss. 304-B and 498-A, IPC, and sentenced thereunder to undergo R.I. for 7 years and 3 years respectively with a direction that the sentences are to run concurrently.

(2.) Deceased Urmila met a violent death on 1-6-1993. Appellants 1 and 4 are respectively the father-in-law and mother-in-law, appellant No. 2 is the husband and appellant No. 3 is the brother-in-law of the deceased. The sister-in-law of the deceased has been acquitted by the trial Court. FIR was lodged by P.W. 2, the brother of the deceased. It was stated in the FIR that there was a love marriage between appellant No. 2 and the deceased about 4 years back in spite of the reluctance of the parents of the deceased. It is further alleged that about 4 months after the marriage, the father-in-law, mother-in-law, sister-in-law and brother-in-law of the deceased started torturing her due to domestic quarrel. It is further alleged that about a year back, the husband and father-in-law of the deceased were provailing upon her to get her share in the landed property from her father and since she did not accede to such demand, they were torturing her frequently. It is further alleged that on one occasion, poison had been mixed with food, but the same was not taken by the deceased. Subsequently, the problem had been solved by a gentleman of the village, namely Kanduri Sasmal. It is further alleged that about eight months prior to the incident, the deceased and her husband (appellant No. 2) stayed apart from the other accused persons in a rented house belonging to one Manindra Samantaray, but the other accused persons were going to that place quite frequently and torturing the deceased. It is further claimed that 4 to 6 days prior to the incident, the in-laws had gone to the place of the deceased and had threatened her. It is claimed that taking advantage of the absence of Dibakar Samantaray (P.W. 13) and his wife (P.W. 14), the neighbours of the deceased, the accused persons killed the deceased on 1-6-1993. On the basis of these allegations, the case was registered under Ss. 498-A and 304-B/34, Indian Penal Code, against five accused persons.

(3.) The plea of the accused persons was one of denial.