SABITRI DEI AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Khurda in S.T. Case No. 60/126 of 1995 convicting the Appellants for commission of offences under Section 498 -A\304 -B of the Indian Penal Code (in short 'I.P.C.') and under Section 4 of the Dowry Prohibition Act read with Section 34 of the I.P.C. and sentencing each one of them to imprisonment for life for their conviction under Section 304 -B I.P.C., imprisonment for one year and six months each for their conviction under Section 498 -A I.P.C. as well as Section 4 of the Dowry Prohibition Act. The sentences have been directed to take effect consecutively, if the graver offence for which they are convicted is set aside, modified or altered by a higher Court.

(2.) THE case of the prosecution is that deceased Harabati Dei is the daughter of P.W. 1. The absconding accused Gopal alias Bhagirathi Samantaray and the deceased were reading in Class -X in Kantabad High School in the year 1989. They were in love with each other and once they had eloped prior to July, 1989. Again in July, 1989 the deceased eloped with Gopal but ultimately they married in the temple of Dakhineswar Mahadeb of village Kendupalli according to Hindu customs and rites. One Sibaraj Swain solemnised the marriage on behalf of the bride whereas one Bhramar Biswal solemnised the marriage on behalf of the bridegroom. After such marriage, the deceased went to her marital home and stayed there. Within 4 to 5 months of her marriage the prosecution alleges that the deceased was tortured by her in -laws and husband for non -fulfillment of cash dowry of Rs. 16,000/ - or in lieu of the same a piece of land which was known as "Bata Mana Kiari". Since P.W. 6 did not take any interest because of the marriage having taken place against his wish, it is alleged that on 30.12.1989 P.W. 1 received information from P.WA that his daughter had been killed. On getting information P.W. 1 immediately rushed to the house of the Appellants and on arrival he asked Appellant No. 1 who was also otherwise distantly related to him as to what happened to his daughter. In reply, the Appellant No. 1 told that the deceased had committed suicide by hanging herself. P.W. 1 thereafter came to Khurda Police Station and lodged an oral report which, was reduced to writing and the case was registered. On completion of investigation, charge sheet was filed for commission of offences under Sections 498 -A, 302, 201 of the I.P.C. and Section 4 of the Dowry Prohibition Act read with Section 34 of the I.P.C.

(3.) PROSECUTION examined eleven witnesses to prove the charges whereas the defence examined one witness. Out of the eleven witnesses examined on behalf of the prosecution, P.W. 1 is the informant and father of the deceased and P.W. 2 is a witness who stated about the relationship between the Appellants and the deceased. P.W. 3 had seen the deceased dead in her marital house and P.WA was examined for the very same purpose. P. WA had also given information to P.W. 1 regarding death of the deceased. P.Ws. 5 and 6 are the material witnesses for the prosecution who have stated about the relationship between the absconding accused Gopal and the deceased as well as demand of dowry, torture and death of the deceased for non -fulfillment of dowry demand. PW.8 is a witness to the marriage in the temple and P.Ws. 7 and 11 are the Investigating Officers. P.Ws. 9 and 10 are the two doctors examined by the prosecution. The Trial Court on analysis of the evidence specifically P.Ws. 5 and 6 though did not find the Appellants guilty of offence under Section 302 Indian Penal Code., convicted them for commission of offence under Section 302 Indian Penal Code., convicted them for commission of offence under Section 304 -B of the said Code. The trial court also found both the Appellants guilty of offence under Section 498 -A, Indian Penal Code and Section 4 of the Dowry Prohibition Act read with Section 34 of the I.P.C. and convicted them there under.