GOPAL MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this JCRLA, the convict/ appellant (Gopal Mallik) has assailed the correctness of the judgment of conviction and order of sentence dated 28.01.2005 passed by the learned Additional Sessions Judge, Fast Track Court-2, Cuttack, in Sessions Trial No.608 of 2004, whereby he has been convicted and sentenced to undergo imprisonment for life for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity), to undergo R.I. for three years for commission of offence under Section 498A of the I.P.C., to undergo R.I. for five years for commission of offence under Section 201 of the I.P.C. and also to undergo R.I. for one year and to pay a fine of Rs.1,000/-, in default, to undergo R.I. for three months for commission of offence under Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as "the D.P. Act" for brevity). In the said judgment of conviction and order of sentence, it has also been directed that all the sentences are to run concurrently.

(2.) The case of the prosecution in brief is that the informant Arya Kumar Sahoo, the A.S.I. of G.R.P.S., Cuttack after getting a memo from the Station Master, Cuttack Railway Station to the effect that one unidentified dead body of a female aged about 30 years was lying near the pole bearing K.M. No.411/0-7, registered the case in the absence of the O.I.C. and enquired about the matter and at the spot he found a dead body of a young woman which has been severed into four pieces on the railway track.

(3.) The prosecution examined as many as 14 witnesses in this case and the defence has examined no witness on his behalf. The defence took the plea of complete denial. Out of the 14 witnesses examined on behalf of the prosecution, P.Ws.1, 2 and 7 have stated that they have heard from the deceased that the accused was assaulting the deceased due to non-fulfillment of demand of dowry. Basing on the statements of P.Ws.1, 2, 7, 8 and 9, the learned Additional Sessions Judge, Fast Track Court-2, Cuttack came to the findings that the accused and the deceased were residing in one house and there was a trail mark of blood from the house of the accused to the railway track and there has been a positive finding by the doctor in the autopsy test that it is case of murder as the ante-mortem injury has been inflicted by the sharp cutting weapon.