BENGA KHUNTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present criminal appeal, the Appellants namely, Smt. Benga Khuntia and her son Dharamananda Khuntia have sought to challenge an order of conviction and sentence dated 4.8.2004 passed by the Learned Adhoc Additional Sessions Judge (FTC No. 111), Cuttack in Sessions Trial Case No. 579 of 2003 convicting' the Appellants under Sections 498(A)/304(B)/54 I.P.C. and Section 4 of the Dowry A Prohibition Act and sentencing them to undergo R.I. for six months under Section 4 D.P. Act, R.I. for a period of three years under Section 498(A) I.P.C. and R.I. for a period of 7 years under Section 304(B) I.P.C. All the sentences were directed to run concurrently.

(2.) THE case of the prosecution was that on 2.1.2003 at about 8.00 P.M., one Lalit Kumar Rout (informant) had presented a written report before the O.I.C., Tangi P.S. alleging that on 31.12.2002, he had been informed by his brother -in -law (accused -Appellant No. 2) that his sister Lalita Rout @ Sila Khuntia had been burnt and had been admitted into the S.C.B. Medical College and Hospital at Cuttack. In the said written report, it is alleged that although Lalita had been burnt on 29th December 2002 at about 4.00 P.M., none of then informed the informant's family. On 31.12.2002, on learning about the same, the informant and his family members went to the 8.C.B. Medical College and Hospital at Cuttack and on being asked, his sister (deceased Lalita Rout @ Sila Khuntia), told him that she had been ill -treated and tortured by her other -in -law, sister -in -law and husband. She further stated that two days before when her husband returned from the field to take his meal, told the deceased -Lalita to leave the house before his return and went away. She further told that after taking food, while the deceased was collecting utensils for washing purpose, her sister -in -law and mother -in -law cams behind her and sprinkled kerosene over her body and set her body on fire and left the place after closing the door. In the written report, the informant had further stated that at the time of his sister's marriage they had given cash of Rs. 30,000 gold ornaments, T.V., Cooler and other articles such as dressing table, Tea table as dowry according to the demand of the accused persons, but further stated that the 'Bhara Saja' (traditional gift from the bride's family to the groom's family) could not be given due to the financial difficulty and requested the accused persons not to say anything to his sister with an assurance that he would give a further sum of Rs. 10,000 towards the 'Bhara Saja' expenses within 2 to 3 months.

(3.) ON a careful perusal of the Judgment of the Sessions Court, it appears that 15 witnesses were examined on behalf of the prosecution whereas the defence examined one witness. After taking note of the evidence adduced by the witnesses, the Trial Court came to a conclusion that there is nothing to disbelieve the witnesses in respect of death of the deceased -Lalit @ Shila Khuntia and from the evidences of such witnesses, the Trial Court came to a finding that the deceased married the accused -Dharamananda Khuntia (Appellant No. 2) in the year, 2002 and died on 28.1.2003 due to burn injuries.