T. MOHAN RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted by the learned Sessions Judge, Ganjam -Gajapati, Berhampur in Sessions Case No. 3 of 2001 for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') as well as under Section 498 -A of the said Code. He has been sentenced to imprisonment for life for his conviction under Section 302 I.P.C. but no separate sentence has been awarded for his conviction under Section 498 -A of the said Code. Hence this appeal.

(2.) THE case of the prosecution is that the Appellant married the deceased on 02.05.1999 as per caste custom. At the initial stage, they led a happy conjugal life. It alleged that after some time the Appellant started ill -treating the deceased. When P.W.1 (informant) who is the mother of the deceased came to know about such ill -treatment, brought the deceased to her house four months after the marriage. About 20 days prior to the date of occurrence the Appellant and his mother came to the house of P.W.1 to take back the deceased. On the assurance of the Appellant that the deceased would not be subjected to ill treatment, the deceased was allowed to go to her matrimonial house. On 05.07.2000 P.W.1 receiving information about the occurrence rushed to the house of the Appellant and found the deceased lying with burn injuries. The deceased was admitted into M.K.C.G. Medical College & Hospital for treatment. The deceased while under treatment disclosed before P.W.4 and Ors. that the Appellant poured Kerosene on her and set her on fire by a match stick. P.W.11, the I.O., receiving information came to the hospital and the oral report made by P.W.1 was reduced into writing and the case was registered for commission of offence under Sections 498 -A/307 I.P.C. The deceased succumbed to the burn injuries on 16.07.2000. Whereafter charge -sheet was submitted for commission of offence under Sections 498 -A and 302 I.P.C.

(3.) THE plea of the defence as revealed from the statement recorded under Section 313 Code of Criminal Procedure is that the deceased committed suicide. The trial Court on the basis of the evidence of the witnesses not only found the Appellant guilty for commission of offence under Section 498 -A of the I.P.C. but also relying on the dying declaration found the Appellant guilty under Section 302 I.P.C. and convicted him thereunder.