PANDARI SAHU & ORS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal appeal is preferred by the appellants-accused persons against the judgment dated 21.02.11998 passed by the learned Additional Sessions Judge, Angul in Sessions Trial NO. 98-A of 1996/ 20 of 1998 convicting them under Sections 302, 304-B, 498-A read with Section 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act, 1961(to be referred hereinafter as "D.P.Act") and sentencing them to undergo imprisonment for life under Section 302/34 I.P.C., imprisonment for 10 years under Section 304-B/34 I.P.C., imprisonment for 2 years under Section 498-A/34 I.P.C. and imprisonment for a month under Section 4 of the D.P. Act with a direction that the sentence are to run concurrently.

(2.) Adumbrated in brief, the prosecution case runs thus:- Padmabati married appellant no.3-Kirtan Sahu on 27.2.1996 as per Hindu rites and customs. Appellant no.4-Chaitanya Sahu is the brother of Kirtan Sahu. Appellante no.1-Pandari Sahu is the mother. The marriage was solemnized as per Hindu rites and customs. The groom was given dowry of one Chettak Bajaj Scooter, one gold ring, one wrist watch, gold necklace, table fan and other furniture and utensils. The bride was sent to her husband's house at Soloda. After a fortnight Padmabati returned to her father's house. She disclosed that her husband, father-in-law, mother-in-law and husband's elder brother Chaitanya Sahu had asked her to bring Rs.25,000/- more towards dowry by the time she return, failing which she would be killed. After 13 days the brother of Padmabati, namely, Kalandi Sahu took her to husband's house and left there. On that day Kalandi had assured the in-law's to arrange and give the demanded money of Rs.25,000/- within six months. Kalandi returned on that day. After four days Kalandi again went to his sister's house. He noticed mark of swelling on her face. On query Padmabati disclosed that her husband, father-in-law, mother-in-law and husband's elder brother had assaulted her and were threatening to kill her. Kalandi brought Padmabati back to their house.

(3.) The plea of defence is denial simpliciter. Through defence witnesses a plea was advanced that the deceased was not mentally sound.