SARATA ALIAS SARADA BHOKTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has been convicted for commission of offences under Sections 302 and 498a of the Indian penal Code (in short 'i. P. C. ') by the learned sessions Judge, Phulbani in S. T. Case no. 128 of 1995 for having exerted cruelty on his wife Jayanti Behera and committing her murder. The learned Sessions Judge has imposed sentence of life imprisonment with fine of Rs. 5,000 (five thousand) for commission of offence under Section 302, I. P. C. but no separate sentence has been imposed for commission of offence under Section 498a, I. P. C.

(2.) THE case of the prosecution is that the deceased Jayanti Bhukta is the daughter of pws. 1 and 2. She had married the appellant in or around 1993-94. The deceased was subjected to cruelty in her matrimonial house and she was complaining of such cruelty whenever she used to visit her parental house. On one occasion, because of such torture at the hands of the appellant, the deceased preferred to stay back in her parental house and only after reconciliation at the instance of caste men, she joined her matrimonial house. On 20th June 1995, the appellant and the deceased came to the house of PWs. 1 and 2. The appellant left the deceased in the house of PWs. 1 and 2 and went back to his village Vijigora. On 1. 7. 1995, the appellant came and took back the deceased to his house and on this occasion, PW2, who is the mother of the deceased accompanied both of them. Leaving the deceased in her matrimonial house, pw2 returned back to her village bhagamunda on 4. 7. 1995. On 5. 7. 1995 around 10. 00 a. m. , the appellant came to the house of PW1 and in absence of PW1, he informed PW2 that the deceased was suffering from diarrhoea and was vomiting and requested them to come to his house at vejigora. Hearing the condition of the deceased, PWs. 1, 2 and the elder brother of pw1 came together to the house of the appellant and found the deceased dead with marks of injuries on her person. Thereafter, PW1 lodged the F. I. R. and investigation was taken up. On completion of investigation, charge-sheet was filed for commission of offences under Sections 498a and 302 I. P. C.

(3.) THE prosecution in order to prove the charges, examined nine witnesses. The plea of the appellant was that he was not present in the house on the date of occurrence. The learned Sessions Judge found the death to be homicidal in nature and considering the conduct of the appellant prior to death found him guilty of the charges and convicted him thereunder: