JAGANNATH RANA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction and sentence dated 23rd December, 1999 passed by learned Addl. Sessions Judge, Rayagada convicting the Appellants for commission of offence under Section 498 -A read with Section 302, IPC and sentencing them to undergo R.I. for three years for the offence under Section 498 -A, IPC and further sentencing each of them to undergo R.I. for life for commission of offence under Section 302, IPC and directing both the sentences to run concurrently in S.C. No. 11 of 1997, is assailed in this criminal appeal.

(2.) ACCORDING to the prosecution, Kanaka Kumari Baidya Bhusan alias Sanjukta was the younger sister of the informant, Lalit Kumar Baidya Bhusan (P.W.1). She was given in marriage to the accused Jagannath Rana, a peon in Commercial Tax Office, Rayagada about six months prior to the occurrence. At the time of marriage, a cash of Rs.50, 000/ -, one Bajaj M -80 Motor Cycle, gold and silver ornaments and other house -hold articles were given towards dowry. Two months after the marriage, Sanjukta complained that her husband, accused Jagannath, brother -in -law accused -Krushna Chandra Rana and mother -in -law accused Smt. Kuntala Rana were demanding more dowry and were subjecting her to mental and physical torture. The informant during his visit to Rayagada, day before Kumar Purnima was told by his sister Sanjukta about the physical and mental torture inflicted upon her on account of dowry. She was threatened by all the accused persons and warned that if she would fail to fulfill their demands, she would be killed. Three days after his return, the informant once again went to Rayagada being called by the accused Krushna. He found that his sister was crying and was wearing an old torn saree . On enquiry the informant came to know from his sister that she was driven out from her house after being beaten mercilessly by her husband, mother -in -law and brother -in -law and only on the intervention of the inhabitants of the colony, she was allowed to remain in the house. It was alleged that she was beaten on the public road with a demand to bring more dowry. The informant convinced all the accused persons and assured them that their demands will be fulfilled and returned to Rayagada. On 7.11.1995 at about 8.00 P.M. all the accused persons pinned Sanjukta on the floor, poured kerosene on her and set her on fire, consequently, she sustained grievous burn injuries throughout her body. She ran out of the house almost without any clothes. At last on being persuaded by their neighbours, she was shifted by the accused persons to the District Headquarters Hospital, Rayagada for treatment. The doctor intimated about the incident to I.I.C., Rayagada Police Station vide Ext.11. Basing on the same, the I.I.C. made a station diary entry and directed A.S.I., Siba Charan Das (P.W.16) to meet the treating physician P.W.10, collect the injury report and also directed the S.I., Susanta Kumar Biswal (P.W.21) to proceed to the District Headquarters Hospital, Rayagada to cause an enquiry about the burn injuries. In course of treatment as the condition of Sanjukta became serious, she was shifted to Christian Hospital, Bisamcuttack. In the meanwhile, the informant, P.W.1 who was at Gunupur on receiving a message about the serious condition of his sister, proceeded to Bissamcuttack. On arriving there, he found that his sister, has got burn injuries over her bo'dy and after ascertaining the details about the incident, lodged a written F.I.R., Ext. 2 before the O.I.C., Bissamcuttack Police Station on 8.11.1995. However, as the place of occurrence was under the jurisdiction of Rayagada Police Station, the O.I.C., Bissamcuttack sent the same to LLC, Rayagada Police Station. Treating the same to be a formal F.I.R., P.S. Case was registered under Sections 498 -A, 307/34, IPC read with Section 4 of the D.P. Act against all the three accused persons and P.W.21 took up investigation. He issued requisition to the Tahasildar -cum -Executive Magistrate, Bissamcuttack to record the dying declaration of the patient as her condition was serious. In consonance with the said requisition, P.W.20, the Executive Magistrate, Bissamcuttack recorded the dying declaration of Sanjukta vide Ext.3. In course of investigation, P.W.21 visited the spot at Rayagada, seized some incriminating materials such as kerosene plastic jerrican, match -box etc. Unfortunately however, Sanjukta succumbed to the injuries on 11.11.1995 at 2.30 A.M. After receiving information, P.W.21 proceeded to the hospital at Bisamcuttack, held inquest over the dead -body, prepared inquest report and sent the dead body of the deceased to Medical Officer, C.H.C., Bissamcuttack for post -mortem examination. In course of investigation P.W. 21 was transferred and he handed over the charge of investigation to R.K. Mallick, S.I. of Police, who completed the same and submitted charge -sheet against all the accused persons for commission of offence under Section 498 -A, 302, 304 -B/34, IPC read with Section 4 of the D.P. Act in the Court of learned S.D.J.M., Rayagada in G.R. Case No. 395 of 1995. After perusal of the police records and on being satisfied that prima facie case is made out, learned SDJM took cognizance of the offence and committed the case for trial to the Court of Session.

(3.) IN order to establish their case, the prosecution got examined 21 witnesses. Out of them, the informant P.W.1 is the brother of the deceased, P.W.20 is the Executive Magistrate, Bisamcuttack, who recorded the dying declaration on 10.11.1995, Ext.3 on police requisition. P.W.10 is the Medical Officer of Rayagada Hospital, who admitted the injured Sanjukta an as it was a medico legal case, intimated the matter to police vide Ext. 10. P.W. 19 is the Medical Officer of Christian Hospital, who treated the inured Sanjukta and in whose presence the Executive Magistrate recorded the dying declaration, P.Ws.9 and 17 are the doctors, who jointly conducted autopsy, P.W.21 is the S.I. of Police who initially took up investigation of the case, P.Ws. 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, and 14 are independent witnesses. Learned Addl. Sessions Judge after vivid discussion of the evidence both oral and documentary and basing upon the dying declaration as well as evidence of the neighbours came to the conclusion that the prosecution had successfully proved its case beyond all reasonable doubt against the accused persons and accordingly found them guilty under Sections 498 -A/302, IPC and convicted them thereunder.