NIRANJAN MEKAP Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant along with four others faced trial for commission of offences under Sections 302/304 -B 498 -A I.P.C. read with Section 4 of D.P. Act in the Court of learned Addl.Sessions Judge, Bhubaneswar in S.T. No.16/130 of 2003. By judgment dated 12.3.2004 learned Addl.Sessions Judge while acquitting four accused persons out of five, convicted the appellant alone under Section 302 I.P.C. and sentenced him to undergo R.I. for life. Being aggrieved the appellant has filed this appeal assailing the aforesaid judgment and order of conviction.

(2.) THE prosecution case was set to motion on the basis of an F.I.R. lodged by Laxmidhar Mohapatra -P.W.3 at Balakati Out Post on 25.5.2002. In the said F.I.R. it was averred that the daughter of the informant, Chitrarekha Mohapatra out of love married the appellant and got the same registered on 01.7.2000. Initially they led a blissful married life but then few months thereafter accused Satyabhama, Bhagirathi, Chitaranjan and Manoranjan who happen to be mother -in -law, father -in -law and brother -in -laws respectively along with the appellant pressurized Chitrarekha to bring dowry from her father. The said fact was complained by Chitrarekha before her parents about eight months after the marriage. According to the informant he had given some articles to his daughter but then not being satisfied with the same his daughter was tortured both mentally and physically by her in -laws i.e. the accused persons. On 21.5.2002 Chitrarekha came to the house of the informant and requested him to give one gold ring, bell -metal utensils and one Luna moped so that she can go to her in -laws house after witnessing the 'jatra in the village. On 24.5.2002 at about midnight appellant -Niranjan came and took Chitrarekha with him. On 25.5.2002 early in the morning Chitrarekha was found hanging in the thatch of the cow -shed of one Sukumari Mohapatra and there was mark of injury on the lower part of her head near the ear. It was alleged that the accused persons had assaulted and murdered Chitrarekha.

(3.) THE plea of the appellant -Niranjan was that Chitrarekha had gone to her parents house and he is not aware with regard to the cause of death. The plea of other accused persons was of complete denial.