SATYA BEWA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 04.12.1995, passed by the Additional Sessions Judge, Khurda, in S.T. No. 31/33/294 of 1995/92, holding the Appellants guilty of the offence under Section 4 of the Dowry Prohibition Act and Sections 498 -A/304 -B read with Section 34 IPC and convicting them thereunder.

(2.) THE case of the prosecution, in brief, is that accused Babuli Barik, whose house adjoins to the south of the house of the informant Satrughna Subudhi of village Deburdhupatna, was married to deceased Basanti Barik, daughter of Bula Barik of village Kapasia, eight months prior to the date of the incident. Prior. to the marriage, a sum of Rs. 2,000/ -was decided to be paid as dowry but during the marriage, Bula Barik, father of deceased Basanti, paid only Rs. 1,300/ - for which there was quarrel on many occasions in the house of Rabi Barik, elder brother of accused Babuli Barik, for non -payment of balance dowry amount. On 16.02.1992, accused Babuli Barik, his sister -in -law Bidu and his father Kubera Barik joined in torturing deceased Basanti by way of tonsuring her hair. When this fact came to the knowledge of the informant, he cautioned accused Babuli and his elder brother Rabi, asking them to desist from such type of activities. On 18.2.1992, at about 1 A.M., while the informant Satrughna Subudhi was sleeping his house, he heard a hue and cry. He woke up and went to the back side of his house and found the house of accused Babuli Barik to have been set on fire. He further found that the door of the room of the accused Babuli to have been locked from outside. He (informant) scaled over the door frame and entered inside the room and found the deceased Basanti to have been sprinkled with kerosene and set on fire. On seeing this, he quickly removed the wearing apparels of deceased Basanti from her body and put out the fire. Thereafter he shouted from inside the house, as a result of which, the co -villagers came to the spot and broke open the door from outside. It was further alleged that the informant found accused Satya Beura, Babuli Barik and Ors. inside Anr. room when the occurrence took place and when the villagers shouted at accused Babuli, he called one Kasi Diga of village Chuda and took the injured Basanti to the hospital for treatment. It was further alleged that accused Babuli Barik and his family members had poured kerosene and set fire to deceased Basanti for non -payment of balance dowry amount, which had been witnessed by co -villagers like Kanhu Maharana, Braja Maharana, Sadhu Sahu and Ors. . On these allegations, the informant lodged written report on 19.02.1992 before the O.I.C., Bolagarh Police Station, who registered the same as an F.I.R. and took up investigation.

(3.) THE plea of the accused persons was of denial and it was pleaded that a false case has been foisted against them. The accused persons admitted that the deceased had married accused Babuli Barik 3 1/2 years back and that she sustained burn injuries during night hours few months after her marriage, while she was residing in her marital home and that she died at Nayagarh Hospital due to extensive burn injuries. It was the plea of the defence that deceased Basanti sustained burn injury while she was sleeping her room when the mosquito net caught fire from an open lamp (Dibiri), which was burning in her bed room during night hours. The accused persons in their statements recorded under Section 313 Code of Criminal Procedure, admitted that a sum of Rs. 2,000/ -was agreed to be paid as a dowry in cash and that out of that Bula Barik (P.W. 3) father of deceased Basanti had paid only Rs. 1,400/ -with the assurance to pay the balance amount later.