RAJENDRA NARAYAN MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 18. 12. 96 passed by the learned 1st addl. Sessions Judge, Puri in S. T. Case No. 39/324 of 1994, wherein he convicted the accused-appellant and another for the offence under Sections 304b/498a/34 of I. P. C. read with Section 4 of the D. P. Act and sentenced each of them thereunder to undergo r. I. for seven years, one year and S. I. for three months respectively.

(2.) THE case as projected by the prosecution in nub is that deceased, Kalpana was given in marriage to co-accused, Gopal chandra Mishra of village Parajapada in the year, 1989 according to the Hindu rights and their caste custom. At the time of marriage, a sum of Rs. 5,000 was given towards "bata Kharcha" to the bridegroom, out of the demand of Rs. 10,000. The couple led a happy married life for a brief time and thereafter, skirmishes erupted between them due to non-payment of Rs. 5,000 more towards dowry demand. It was alleged that the co-accused and his family members including his brother-in-law, the appellant harassed and tortured the deceased, Kapalna in many a ways and ultimately in furtherance of their common intention committed murder of Kapalna and her male child on 30. 11. 1993. They threw the dead body of kapalna after covering it in a gunny bag to a nearby pond and buried the dead body of the male child in the bank of river, Bhargabi. PW1, the brother of deceased, Kalpana gathering this information from the villagers of village Parajapada, scribed an F. I. R. and lodged it before the O. I. C. , Satyabadi Police Station. Since the allegation made in the F. I. R. revealed a cognizable case, the o. I. C. registered a case under Sections 304b/498a/201/34 IPC read with Section 4 of the D. P. Act and directed the Junior S. I. (PW11) to investigate the case and accordingly he took up investigation. In course of investigation, he searched for the accused persons and on seeing the co-accused in the village, interrogated him about his wife (deceased) and her child. During this time, he confessed to have killed both of them, further stating that he threw the dead body of the deceased, Kapalna covering it in a gunny bag to a pond and that he buried the dead body of the child in the bank of river bhargabi and so saying led PW11 and the witnesses first to the pond where the dead body of the deceased was thrown and gave recovery of it and then to the place where the dead body of the child had been buried and pointed out the place where from the dead body was exhumed in presence of the witnesses and the Executive Magistrate, pw4. Then the IO prepared the inquest reports in respect of both the dead bodies, sent the dead bodies under police requisition to the District Head Quarter Hospital, Puri for conducting autopsy over the same, seized a spade by using which it was alleged that the co-accused, Gopal Chandra buried the dead body of the child. He also seized the wearing apparels of the deceased, Kapalna , prepared the spot map, examined the witnesses and after completion of investigation, finding a prima facie case against the accused appellant and co-accused Gopal chandra Mishra submitted charge-sheet against them under Sections 302/201/34 ipc. The co-accused admitted to be the husband of the deceased, Kapalna and both the accused repudiated the allegations made against them. After the case was committed to the Court of Sessions Judge, Puri, it was transferred to the Court of 1st Addl. Sessions Judge, Puri for trial. Accordingly, the Addl. Sessions Judge framed charge under Sections 302/201/34 of I. P. C. against. both the accused persons on 18. 2. 1995. After examination of all the witnesses was over, on a petition filed by the prosecution, pw11 was recalled, re-examined and on being declared hostile was cross-examined and the charge was altered to Sections 304b/ 498a/34 I. P. C. read with Section 4 of the d. P. Act under which the accused persons faced trial.

(3.) IN order to bring home the charge framed against the accused persons, prosecution examined 11 witnesses as against none by the defence. The Trial Court mainly relying on the evidence of PWs 1,7 and 10, who are brother, elder sister and mother of the deceased Kapalna respectively and pw11 the IO found the accused persons guilty under Sections 304b/498a/34 IPC read with Section 4 of the D. P. Act and convicted and sentenced them thereunder as mentioned earlier. Being dissatisfied with the said order of conviction and sentence, accused Rajendra Narayan Mishra has preferred this appeal.