PRAKASH CHANDRA SATPATHY Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge (Fast Track Court), Chatrapur in Sessions Case No. 41 of 2002 (S.C. No. 363/ 2000 -GDC) convicting the Appellant for commission of offence under Section 302/498 -A of the Indian Penal Code. For conviction under Section 302 I.P.C. the Trial Court has imposed sentence of life imprisonment and has also directed to pay fine of Rs. 500/ - and for conviction under Section 498 -A I.P.C., the Trial Court has imposed sentence of imprisonment for a period of two years and directed to pay fine of Rs. 500/ - .

(2.) CASE of the prosecution is that the Appellant had married the deceased more than 10 years prior to the occurrence. At the time of marriage, dowry in shape of cash of Rs. 50,000/ - gold ring, gold chain had been given to the Appellant and gold ornaments were also given to the deceased. After the marriage the Appellant and the deceased were living happily and they have been blessed with two daughters. Thereafter, the Appellant started demanding more dowry in the shape of cash on the ground that the deceased had given birth to two female children. During the life time of father of the deceased, he had given Rs. 30,000/ - that did not satisfy the Appellant. It is alleged that the Appellant had tortured the deceased physically and mentally to bring more dowry. This fact was intimated by the deceased to her parents on several occasions. It is also case of the prosecution that on two occasions a sum of Rs. 5,000/ - and Rs. 10,000/ - had been given to the Appellant, but the Appellant was never satisfied with the amount paid and continued to demand dowry. The deceased having complained of ill treatment and assaults at the hands of the Appellant, village committee was approached where the Appellant admitted to have assaulted the deceased and also promised not to assault any further. On 6.11.1999 in the morning at about 9 A.M. it is alleged by the prosecution that the Appellant brutally assaulted the deceased by means of a Kati and also twisted her hands causing fracture and injury on the head. When the deceased asked for water, it is alleged that the Appellant gave poison. The Appellant then took her to hospital where she succumbed to the injuries on 7.11.1999. It is also alleged by the prosecution that on 7.11.1999 at about 6 A.M. the Appellant brought back the deceased to his house and made an extra judicial confession before the P.Ws. 9 and 10 and also requested to help in cremation of the dead body. In the meantime, P.W. 1 brother of the deceased, reached the house of the Appellant after getting information about the occurrence and presented a written report to the police which was treated as F.I.R. and a case was registered for commission of offence under Section 302/498 -A/34 I.P.C. read with Section 4 of the Dowry Prohibition Act. Investigation was conducted and after completion of investigation, charge -sheet was filed for the aforesaid offences and the Appellant faced trial for commission of the said offences.

(3.) OUT of 14 witnesses examined on behalf of the prosecution, P.W. 1 is the informant and brother of the deceased and P.W. 2 is the brother of the Appellant. P.W. 3 is the nephews the Appellant and P.Ws. 4, 7, 8, 9 and 10 are independent witnesses to the occurrence. P.W. 6 is the constable who had accompanied the dead body for post -mortem examination and P.W. 8 is the doctor who conducted post -mortem examination. P.W. 13 has the scribed the F.I.R. and P.W. 14 is the 1.0. and P.W. 12 is the daughter of the deceased and the Appellant who was examined as an eye -witnesses to the occurrence.