- (1.) The petitioner Ranjan Kumar Sahu faced the trial in the Court of learned Asst. Sessions Judge, Chatrapur along with his mother Chandrama Sahu and sister Subasini Sahu for offences punishable under sections 498-A/306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act in Sessions Case No. 17 of 1992/Sessions Case No. 54 of 1992. Learned Trial Court vide impugned judgment and order dated 20.12.1994 acquitted the co-accused persons Chandrama Sahu and Subasini Sahu of all the charges and also acquitted the petitioner of the charge under section 4 of the Dowry Prohibition Act but found him guilty under sections 498-A and 306 of the Indian Penal Code and sentenced him to undergo R.I. for three years for the offence under section 306 of the Indian Penal Code and one year for the offence under section 498-A of the Indian Penal Code and to pay a fine of Rs. 500/- on each count and in default, to undergo further period of imprisonment for one month on each count and the sentences were directed to run concurrently. The petitioner preferred an appeal in the Court of Session which was heard by learned 2nd Addl. Sessions Judge, Berhampur in Criminal Appeal No. 175 of 1997/Criminal Appeal No.9 of 1995-GDC and the learned Appellate Court vide impugned judgment and order dated 09.02.2000 has been pleased to dismiss the criminal appeal and upheld the impugned judgment of the learned Trial Court, hence the revision.
(2.) The prosecution case as per the First Information Report presented by one Dandapani Sahu (P.W.14), father of Kabita Sahu (hereafter 'the deceased') is that the marriage between the petitioner and the deceased was solemnized on 08.03.1988 and P.W.6 Somanath Sahu was the mediator in the said marriage and one Mangulu Sahu also helped him in the marriage. It is further stated in the F.I.R. that as per the demand of the petitioner, cash of Rs.16,000/-, gold ornaments and other household articles were given by the informant. The informant came to the house of the petitioner for inviting the petitioner to his house and on that day, he heard from the deceased as well as from the neighbourhood that the accused persons were torturing the deceased as they were not satisfied with the quality of the articles those were given at the time of marriage. The informant tried to settle the matter amicably and left the house of the petitioner. It is further stated in the F.I.R. that in the year 1989 in the month of Shravan, the deceased was taken to her father's place for the delivery where she gave birth to a female child and after the child became seven months old, on 27.05.1990 the informant brought the deceased back to her inlaws house along with the grand daughter and left them in the house of the petitioner in spite of the unwillingness of the deceased to go there. On that day, the accused persons created disturbance and complained about the quality of different articles which were given at the time of marriage. When the informant challenged them, he was abused by the accused persons and also threatened. On 25.06.1990 the informant sent his wife as well as daughter Babita to the in-laws' house of the deceased and both of them visited the deceased and on return, they informed the informant that nobody talked with them and the deceased also was not interested to stay there in her in-laws' house. Since the informant was busy with his business, immediately he could not go to the house of the petitioner and on 02.07.1990 at about 6 O' clock in the evening, he came to know from the Inspector in charge, Balugaon Police station that the deceased had expired. The informant immediately rushed to the hospital and found the dead body of the deceased there and he heard from his brother-in-law (wife's sister's husband) Somanath Sahu (P.W.6) that on the previous day at about 10.00 a.m. when he had been to the house of the petitioner on being invited, the deceased was tortured and he was also abused and accordingly, it is stated in the F.I.R. that due to physical and mental torture given to the deceased in connection with demand of dowry by the accused persons, the deceased died.
(3.) On the basis of such First Information Report, Chatrapur P.S. Case No. 122 of 1990 was registered on 02.07.1990 under sections 498-A/304-B of the Indian Penal Code against the petitioner, his mother Chandrama Sahu as well as sister Subasini Sahu. P.W. 20 Alok Kumar Das, who was the officer in charge of Chatrapur Police Station took up investigation of the case, seized the records of Chatrapur P.S.U.D. case No. 80 of 1990. He examined the witnesses, sent requisition to the Scientific Officer, D.F.S.L., Chatrapur and on 03.07.1990, the Scientific team visited the spot and submitted their report vide Ext.6. The I.O. also seized the rope along with the old saree which was used for hanging the deceased under seizure list Ext.12. He held inquest over the dead body in presence of the Executive Magistrate-cum-Tahasildar, Chatrapur at S.D. Hospital, Chatrapur on 03.07.1990 and prepared inquest report (Ext.3) and sent the dead body for post mortem examination. He also seized gold ornaments of the deceased under seizure list Ext.2 and left the same in zima of the informant under zimanama Ext.13. P.W. 15 Dr. Suresh Chandra Mohapatra who was the Professor in F.M.T. Department, M.K.C.G. Medical College, Berhampur conducted post mortem examination and found a ligature mark around the neck. He opined that the cause of death was due to asphyxia as a result of constriction of neck by hanging. He examined the ligature materials i.e. torn saree as well as rope which were produced before him by the investigating officer and after examination, he opined that the ligature mark found on the neck of the deceased appeared to have been caused by the cloth portion of the ligature. He also submitted the post mortem report (Ext.10) to the investigating officer. On 07.07.1990 the investigating officer seized the dowry articles given by the informant to the deceased as per the seizure list Ext.4 which were left in the zima of the informant under zimanama Ext.8 and thereafter, as per the order of S.P., Manmohan Mohapatra (P.W.19), D.S.P., Chatrapur took over charge of the investigation on 07.07.1990. He also visited the spot, examined the witnesses and arrested the accused persons and forwarded them to the Court. He sent the viscera for chemical analysis on 12.07.1990. On 27.02.1991 he made over the charge of investigation to Sri Laxminarayan Mishra, Inspector, H.A.D.D. as per order of S.P., who on completion of investigation submitted the charge sheet on 06.06.1991 under sections 498-A/306/34 of the Indian Penal Code and sections 4 and 6 of the Dowry Prohibition Act against the petitioner, his mother Chandrama Sahu as well as sister Subasini Sahu.;