PREMRAJ BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal from jail is directed against the Judgment and order dated 29.11.2003 passed by the learned Additional Sessions Judge (F.T.C.), Bolangir in Sessions Case No. 139 -B/2 of 2002 -03 convicting the Appellant under Section 304 -B and 498 -A of IPC and sentencing him to undergo rigorous imprisonment for seven years for the offence under Section 304 -B IPC and rigorous imprisonment for three years and to pay a fine of Rs. 1000/ - in default to undergo rigorous imprisonment for three months, for the offence under Section 498 -A IPC with a direction to run the substantive sentences concurrently.

(2.) CASE of the prosecution in a nutshell is that the informant had given his daughter Janaki in marriage to accused -Appellant Premraj Barik on 19.4.1999 according to caste customs. He had given one Hero Honda Motorcycle besides other things to the accused at the time of marriage. But the accused sold away the said Motorcycle and tortured Janaki Physically and mentally. So, the informant brought her to his house. Accused came to the informant's house and in presence of Bhadralogs he took his wife. On 21.5.2002, accused attempted to kill Janaki by pouring kerosene on her body. At about midnight of that day, the accused and one Linga Barik assaulted Janaki and administered poison to her. When she became unconscious, she was admitted in the hospital. The informant learnt about the incident, came to the hospital on 22.5.2002 and found his daughter lying unconscious. Ultimately, she died on 23.5.2002. On being reported, police took up investigation and submitted charge sheet against the accused -Appellant.

(3.) IN order to prove its case, prosecution examined as many as 11 witnesses including the doctor and proved ten documents in evidence. The defence examined none in support of its plea.