SIVARAM SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 18.09.1997, passed by the 1st. Additional Sessions Judge, Berhampur, in S.C. No. 4/97 (S.C. No. 59/97 GDC) holding the accused Appellant guilty of the offence under Sec. 302 Indian Penal Code & convicting him thereunder.

(2.) The case of the prosecution, in brief, is that the informant Arakhita Jena, being the elder brother of deceased Bhagyalata Swain, lodged a written report on 13.08.1996 at Bhanjanagar P.S. alleging that his sister was given in marriage to Sivaram Swain, younger son of Magi Swain of village Badakodanda. For the marriage, the parents of deceased Bhagyalata had given cash of Rs. 5000, gold ornaments, utensils, paddy & cash of Rs. 2200 towards purchase of furniture. Accused Sivaram Swain used to assault his wife Bhagyalata at times for payment of dowry. Whenever her father used to go to see his daughter Bhagyalata, he was not allowed to talk to her. Bhagyalata came to the house of her father to attend some function & while she was in the house of her father, daughter of Magi Swain, who is the sister of accused Sivaram, came to the house of the informant (P.W.1) & asked for the key of the almirah, which was with Bhagyalata. Magi Swain himself came to the house of the informant (P.W.1) & asked for the keys of the almirah. Bhagyalata handed over the key & Magi Swain came to the house of the accused & opening the almirah, handed over some clothes to his daughter & thereafter the key of the almirah was handed over to the accused Sivaram, who refused to accept the same. Accused Sivaram Swain on opening the almirah with the duplicate key, found that two gold rings were missing. Accused Sivaram enquired about it from his father Magi Swain. Thereafter, the mother of the accused came to the house of P.W. 1 & took her daughter -in -law Bhagyalata to the house of the accused. When she arrived at the house, accused Sivaram challenged Bhagyalata as to why she handed over the key of the almirah to his father without his consent. A quarrel took place between them & Gouda Swain @ Gopal Swain, elder brother of accused Sivaram intervened & tried to separate both the husband & wife. Accused Sivaram in a fit of anger chewed the fingers of his brother, who went to the hospital for treatment. Thereafter, accused Sivaram assaulted Bhagyalata, as a result of which she died. During this incident, father Magi Swain was present in the house. When they found that Bhagyalata had died, they decided to burn the dead body of Bhagyalata but the matter came to the notice of the villagers. The relatives of deceased Bhagyalata & the villagers gathered at the house of accused Sivaram & thereafter the police came on receiving the FIR from the informant (P.W.1).

(3.) The police found the dead body of Bhagyalata lying in the last room of the house situated towards the back side. Inquest was held over the dead body & the same was sent for post -mortem examination. The police seized different incriminating articles at the spot, including sample soil & blood -stained soil. The dead body of Bhagyalata had bleeding injuries on her face, cheek, eyes & marks on the neck. The I.O sent the seized articles for chemical examination & on receipt of the post -mortem report, arrested accused Sivaram Swain & on completion of the investigation, submitted charge sheet against the accused under Ss. 302/498 -A/323/& 406 Indian Penal Code & under Sec. 4 of the Dowry Prohibition Act ("D.P. Act" for short).