ROHITA BHUNIYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Rohita Bhuniya faced trial in the Court of learned Adhoc Addl. Sessions Judge (Fast Track), Aska in Sessions Case No.07 of 2005 / Sessions Case No.195 of 2005 GDC for offences punishable under sections 498-A / 302 of the Indian Penal Code on the accusation that he being the husband of Baby Bhuniya (hereafter 'the deceased') subjected her to cruelty by demanding dowry since the date of their marriage till her death on 20.10.2004 at village Olamba Nua Balisahi and committed murder of the deceased.

(2.) The prosecution case, as per the first information report dated 20.10.2004 lodged by Ranka Bisoi (P.W.8) of village Gopalpur before the officer in charge of Badagada police station is that the marriage between the deceased and the appellant was solemnized four days after Vaisakha Amavasya. At the time of marriage, the informant presented some articles to the bridegroom as per his own capacity. After the marriage, the appellant and the other in-law family members like mother-in- law, father-in-law and aunt-in-law of the deceased started torturing her physically and mentally. For the last time when the deceased was assaulted by the appellant, her mother-in-law and aunt-in-law, she was pregnant for five months. On 20.10.2004 morning the informant got the message that the in-law family members of the deceased had killed her and they were going to cremate her dead body. Hearing such shocking news, the informant along with others rushed to the house of the appellant and did not allow the cremation of the deceased to take place. On the basis of such first information report, Badagada P.S. Case No.89 of 2004 was registered under sections 498-A / 302 / 34 of the Indian Penal Code by the officer in charge namely Uttam Kumar Mohanty (P.W.14) who also took up investigation of the case. During course of investigation, he examined the informant, sought for the requisition of an Executive Magistrate for the purpose of holding inquest over the dead body and accordingly, the inquest report (Ext.2) was prepared. The dead body was sent for post-mortem examination to F.M. & T. Department, M.K.C.G. Medical Collage and Hospital, Berhampur. P.W.12 Dr. Sachidananda Mohanty, Associate Prof. of F.M. & T. Department conducted autopsy and opined the cause of death of the deceased as asphyxia resulting from compression of neck and it was further found that the deceased was pregnant at the time of her death and the duration of her pregnancy was about three to five months. The investigating officer (P.W.14) visited the spot, prepared the spot map Ext.9, seized the wearing apparels of the appellant on his production in presence of the witnesses under seizure list Ext.3/1. He also seized some articles from the house of the appellant under seizure list Ext.4/1 and gave it in the zima of the informant (P.W.8). The appellant was forwarded to the Court on 21.10.2004. P.W.14 seized the wearing apparels of the deceased and her ornaments which were collected by the doctor and handed over to the constable under seizure list Ext.10. The ornaments of the deceased were handed over to the informant under zimanama Ext.11. P.W.14 received the post mortem report and made a prayer before the J.M.F.C., Aska for sending the exhibits to R.F.S.L., Berhampur and accordingly, those were sent for chemical analysis. On completion of investigation, P.W.14 submitted charge sheet on 15.02.2005 under sections 498-A and 302 of the Indian Penal Code against the appellant

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 498-A / 302 of the Indian Penal Code on 19.07.2005 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.