HALADHAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been filed against the order of conviction and sentence passed by the learned Sessions judge, Keonjhar in S. T. Case No. 100 of 2000. The appellant who is husband of the deceased-Kabita Jena has been found guilty for commission of offence under Sections 498-A, 302 and 304-B of the Indian Penal code (in short 'i. P. C. ') as well as under section 4 of the Dowry Prohibition Act (in short 'd. P. Act' ). He has been sentenced to imprisonment for life for his conviction under section 302, I. P. C. and has further been sentenced to imprisonment for one year for his conviction under Section 498-A, I. P. C. He has also been sentenced to imprisonment for one year for conviction under Section 4 of the D. P. Act, but no separate sentence has been awarded for conviction under Section 304-B, I. P. C.

(2.) THE case of the prosecution is that the appellant had married the deceased-Kabita Jena in the month of Asadha of 1999. At the time of marriage, cash of Rs. 30,000/ -. gold ornaments and other household articles were given. There was further demand of rs. 5,000/- and a gold chain from the side of the bride groom and it was promised on behalf of the father of the deceased that further demand of Rs. 5,000/- and a gold chain would be met after improvement of his financial condition. It is further alleged by the prosecution that after marriage the deceased had sent information on 2 to 3 occasions intimating that she was being frequently reminded by her in-laws to fulfill the further demand. There was a super cyclone in the month of November, 1999 and a day or two thereafter PW-2 the brother of the deceased had been to the house of the appellant to ascertain about her well being. He was informed by the deceased that the appellant demanded a sum of Rs. 5,000/- and a gold chain and for non-fulfillment of the said demand, she was subjected to torture. Thereafter, P. W. 2 requested the appellant for adjustment and assured to fulfill the demand and returned home. On 4-11-1999 early morning information was received by p. W. 1 that the deceased had expired. Thereafter, P. Ws. 1 and 2 along with their paternal uncle and some villagers rushed to the village of the appellant and found the dead body of the deceased kept on a rope cot beneath a tree. It was ascertained from the appellant that the deceased had taken poison on the previous night and committed suicide. The father of the appellant on the other hand said that the deceased expired due to medicine reaction. It was ascertained from some of the villagers that on the night of 3-11-1999 the deceased was assaulted for non-fulfillment of the dowry demand and suspecting foul play the F. I. R. was lodged at about 4. 30 p. m. The case was registered for commission of the aforesaid offences and after investigation, charge-sheet was also filed for commission of the said offences.

(3.) THE plea of the appellant is complete denial of the charges and he has further complained of false implication. A plea was taken by the appellant to the effect that the deceased died due to fall on the courtyard dashing her head to the cemented verandah for epileptic fits. Though the prosecution examined fourteen witnesses to prove the charges, the defence examined two witnesses to prove his defence. The trial Court relying on the evidence of the witnesses such as P. Ws. 1, 2, 4 and 5 as well as the medical report found the appellant guilty of the charges and convicted him thereunder.