PREMANANDA SAHOO AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the Judgment and order of conviction passed by learned Second Addl. Sessions Judge, Cuttackin S.T. Case No. 183/21 of 1994 convicting the Appellants Under Section 4 of Dowry Prohibition Act and Under Sections 498 -A and 304 -B of I.P.C. and sentencing them to life imprisonment under Section 304 -B of I.P.C, two years imprisonment under Section 498 -A of I.P.C. and one year imprisonment under Section 4 of Dowry Prohibition Act. The sentences awarded under Section 498 -A of I.P.C. and under Section 4 of D.P. Act were directed to be merged with the punishment imposed under Section 304 -B of I.P.C.

(2.) THE fact of the case in short is that accused Biswanath Sahoo was a worker in the Orissa Textile Mills, Choudwar and was residing in quarters No. 2 -RB/94 at Labour Tenement, Choudwar. Accused Sailabala Sahoo and Premananda Sahoo are his wife and son respectively. Accused Premananda was running a stationary -cum -betel shop at Chaudakhia Bazar, Choudwar. On 5.7.1993 Premananda's marriage was solemnized with deceased Mamata @ Tiki, the daughter of Kapil Sahoo of Chauliaganj. As per the dowry demand, P.W.1 the brother of the deceased had paid Rs. 22,5007 - towards dowry for purchase of a Luna moped and Barat expenses besides the jewellery and other household articles. After marriage, the accused persons demanded further dowry of Rs. 10,000/ - for investment in the business run by accused Premananda. Because of non -fulfilment of the said demand by P.W.1, the accused persons tortured the deceased physically and mentally. On 29/30.10.1993 (i.e. within four months of the marriage) deceased died in the matrimonial home due to extensive burn injuries. On the information of Biswanath Sahoo, father -in -law of the deceased, Choudwar Police Registered U.D. Case No. 18 of 1994, but the Police refused to act upon the written F.I.R. lodged on 1.11.1993 by P.W.1. Later on at the intervention of the D.S.P., H.R.P.C., Cuttack, the O.I.C., Choudwar P.S. acted upon the said F.I.R. and registered the same as Choudwar P.S. Case No. 227 on 1.11.1993. The Inspector H.R.P.C, Cuttack took charge of the investigation from Choudwar Police and on completion of investigation, submitted charge sheet against the accused persons.

(3.) IN order to prove its case the prosecution examined as many as ten witnesses in all and exhibited several documents, but the accused persons have not examined any witness to defend their case.