RAJANALA DILLESWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo R.I. for life, has preferred this appeal against the judgment and order of conviction and sentence passed by the learned 1st Addl. Sessions Judge, Berhampur in S.C. No.20 of 1999/S.C. No. 92 of 1999 G.D.C.

(2.) AS it appears from the record, P.W.13, the S.I. of Berhampur Town Police Station while investigating into Berhampur Town Police Station U.D. Case No.7 dated 4.10.1998 ascertained during his enquiry that Rajanala Mani, daughter of P.W.7 had married appellant about four years prior to the occurrence. There used to be quarrel between both the husband and wife and the deceased had conceived by the time of occurrence. On 3.10.1998, the appellant and the deceased boarded in Sriram Bhawan Lodge at Berhampur. At about 2 A.M. the appellant informed P.W.5 regarding the health condition of the deceased and requested for shifting the deceased to the hospital and after the deceased was shifted to the hospital she was given some treatment but she expired in the hospital. On getting information from the hospital the aforesaid U.D. case was registered and in course of enquiry it was further found that the deceased was being tortured at the hands of the appellant and the deceased also died a homicidal death. On the basis of plain paper F.I.R. was drawn up by P.W. 13 and on completion of investigation charge -sheet was submitted for commission of offences under Sections 498 -A, 304 -B and 302 I.P.C. read with Section 4 of the Dowry Prohibition Act.

(3.) THE plea of the appellant is complete denial of the prosecution case. According to him, in the night of occurrence the deceased was suddenly attacked with diarrhea and vomiting for which she had to be taken to the hospital where she died.