The appellant faces the trial for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and sentenced to undergo R.I. for one year held by Hon’ble Mr Justice D. Dash in the matters of Dhuleswar @Dhula Mohapatra v. the State of Orissa. [CRA NO.11 OF 1999].
The facts of the case arise from the instance where Appellant had married Annapurna and during the marriage dowry was demanded in the form of cash, gold ornament, brass and bell metal utensils and other household articles has been given to the matrimonial home. After seven months of the marriage, the accused demanded more dowry and was compelled to get TV from their parent’s house and to fulfil that mission accuse left Annapurna in parents’ home. After few days, Annapurna returned to the matrimonial home and finds out all her gold ornaments are sold by the accused. Subsequently, Annapurna was tortured by not providing food and with no choice have to go parents house being not able to tolerate the situation anymore in the house of accuse.
Without any due respect to bring wife back to the matrimonial home and accepted another wife in the same house and begot two children. For this Annapurna had initiated a proceeding claiming maintenance. On such notice accuse bring Annapurna back home which the second wife denied. Eventually, the parents of Annapurna were informed that their daughter has died so rushed to the house of the accused. The reason for the death of the Annapurna stated by the accused that ‘drinking tea met with death’ by the time of the arrival of the parents the dead body is cremated. Being suspicious of the death of the Annapurna, FIR was lodged at the Police station and started with the investigation. Upton the investigation completion the accuse with five other family members were placed for trial by submission of Charge sheet for Commission of the offence under Section 498-A read with Section 34 of Indian Penal code.
For the Trail, the Prosecution has examined a total of five witnesses. From the side of the defence, one witness has been examined. On examining the evidence of the prosecution witness, held that the accused was guilty of commission of an offence under Section 498- A of the IPC and acquitted from other changes. All other accused persons stood acquitted of the charges. The accused was subjected to tortured, harassed and cruelty. Appellant filed the appeal to modify the sentence imposed by the Trail court, reducing the rigorous imprisonment for one year to the period already undergone as that in the facts and circumstance would meet the ends of justice.
The Hon’ble Court held “that conviction recorded against the Appellant by the Trail court for Commission of Offence is punishable under Section 498- A IPC being maintained. Appellant was sentenced to the period already undergone. Bail bonds executed by the accused shall stand discharged”.
Judgment Reviewed by Kaviya S