SMT. NIRMALA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT , as accused, faced trial for commission of offences under Sections 342, 429, 436, 302 of the Indian Penal Code (in short, 'IPC') in S.T. No. 15/83 of 2000 in the Court of learned Addl. Sessions Judge, Khurda. She was found guilty of the offences punishable under the said section and was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/ - in default to undergo rigorous imprisonment for six months. Being aggrieved, she has filed this appeal.

(2.) THE prosecution case as would be apparent from the F.I.R. filed by Hadibandhu Mohapatra, P.W.6 on 4.10.1999 at Jankia Police Station is that he and the accused -Appellant are related to each other being brother and sister. About 15 years back he had sold his ancestral house and land situated in village Sadeigarh and had purchased a small piece of land at Naranaguda, constructed a thatched house thereon and was residing there with his wife and children. The house of the accused was also in the same vicinity. The accused was residing in her house with her husband, daughter and son. The accused always entertained grudge on her brother, the informant, mainly on the ground that he had not paid her any money out of the consideration amount of the joint family properties, which he had sold. She had threatened him as well as his wife on several occasions and even assaulted the wife of the informant and his child. She had wanted the wife of the informant of dire consequences and threatened to set fire to her house. One day prior to the date of occurrence, the sister -in -law of the informant, her husband Rabindra and their daughter Pravasini aged about 10 years, residents of Barala Balunkeswar under Satyabadi Police Station had come to the house of the informant to see his ailing wife. After taking their meals, Rabindra along with his wife Pramila and daughter Pravasini slept in the house of the informant (P.W.6). The daughter of the informant Santi and son Ganesh slept on the floor of the house. The informant and his wife Pratima due to lack of space went to the house of their neighbour Narayan Mansingh (P.W.3) to spend the night. After witnessing TV for some time, all of them went to sleep at about 11.00 P.M. The informant (P.W.6) and his wife P.W.7 slept in the front room. About one hour after, P.W.6 head commotion. He came and saw that his house was burning. P.W.3 also came out of his house and saw that the house of P.Ws. 6 and 7 was on fire and the roof of the house had fallen being gutted by fire. They went near the house and found that the door of the house was chained from outside. With much difficulty, P.W.6 opened the chain and saw that both inside and outside of the house was on flames. His brother -in -law Rabindra rushed out of the house having sustained burn injuries. He fell down in front of the house of P.W.1: On entering inside his house, P.W.6 found that his son Ganesh, daughter Shantilata, sister -in -law Pramila and niece Pravisini had died having sustained burn injuries on their person. He also found that four goats that had been tied inside the thatched house had died due to burn injuries and all his house -hold articles were burnt due to fire. On hearing the hullah of P.Ws. 6 and 7, their neighbour P.W.1 and Ors. arrived at the spot. P.W.11, the Gramarakhi went to the house of P.W.3 to inform the matter at the Police Station over telephone. After some time, the police arrived and so also the fire brigade and they extinguished the fire. P.W.1 shifted the injured Rabindra to Khurda Hospital and filed the F.I.R. Rabindra was shifted to Capital Hospital, Bhubaneswar and then to S.C.B. Medical College and Hospital, Cuttack, but then, three days thereafter he succumbed to his injuries.

(3.) AFTER perusing the police papers and on being prima facie satisfied, learned SDJM took cognizance of the offence and committed the case to the Court of Session for trial.