Decided on December 16,2020

Shyam Sundar Jena Appellant


S.K.MISHRA,J. - (1.) In this appeal, the appellant-convict, Shyam Sundar Jena, has assailed his conviction under Section 302 of the Indian Penal Code, 1860(hereinafter referred to as the "Penal Code" for brevity) and sentence of imprisonment for life and to pay a fine of Rs.1000/- (rupees one thousand), in default to pay the fine, to undergo rigorous imprisonment for one month, passed by learned Addl. Sessions Judge, Jajpur in S.T. Case No.660/2003 (arising out G.R. Case No.370/2003 of the court of learned S.D.J.M., Jajpur corresponding to Binjharpur P.S. Case No.50/2003).
(2.) Shorn of unnecessary details, the prosecution case in brief is that the deceased-Urmila had married the appellant-accused sometime in the year 1994. At the time of marriage, a sum of Rs.20,000/-, gold chain, ring etc., were given as per the demand made from the side of the appellant. After the marriage, the appellant further demanded a sum of Rs.10,000/- and he used to assault Urmila and force her to bring the said amount as dowry. The matter was settled on a number of occasions by the village gentries. It is alleged that on 7.7.2003 night the appellant forcibly opened the door of the room where Urmila had slept with her son. The appellant poured kerosene and set her on fire with a match stick. Thereafter Urmila screamed and her brother-in-law came. He abused and slapped the appellant. Urmila had sustained extensive burn injuries and implicated the appellant in the said manner before others who arrived at the spot. She was shifted to District Headquarters Hospital, Jajpur in a trekker. In the same night one Lalu Jena @ Babaji came and informed Ghanashyam(brother of Urmila) about the shifting of Urmila to the said Hospital. Thereafter after advice of the Doctor, Urmila was shifted to S.C.B. Medical College and Hospital, Cuttack.
(3.) On 10.4.2003 Ghanashyam submitted F.I.R. before the Officer-in-charge, Binjharpur Police Station. In pursuance of the F.I.R. lodged, one Basanta Kumar Jena, Officer-in-charge of Binjharpur P.S. rushed to S.C.B. Medical College and Hospital, Cuttack and found Urmila to have sustained extensive burn injuries on her body. He took steps for recording the dying declaration of Urmila and Urmila expired on 13.4.2003.;

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