BHAGABAN RAUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by preferring the appeal has challenged the Judgment of conviction and order of sentences dtd. 7/4/1993 passed by the learned Addl. Sessions Judge, Rourkela in S.T. Case No.43/20 of 1992 arising out of G.R. Case No.1076 of 1991 corresponding to Sector-15 P.S. Case No.66 of 1991 of the court of learned S.D.J.M., Panposh, Rourkela.

(2.) The appellant has been convicted for commission of offences under Sec. 4 of the D.P. Act, 1961, Ss. 498-A and 304-B of the IPC, 1860 and accordingly, he has been sentenced to undergo R.I. for 10 (ten) for the offence under Sec. 304-B of the IPC, 1860 and R.I. for 2 (two) years for the offence under Sec. 498-A of the IPC, 1860 and R.I. for 1 (one) year and fine of Rs.5,000.00 (rupees five thousand) in default to undergo further R.I. for a period of two months for the offence under Sec. 4 of the Dowry Prohibition Act, 1961 with a direction for running all the substantive sentences concurrently.

(3.) The accused is the husband of the deceased Durga. Their marriage was solemnized on 23/2/1991 at Jagannath temple Sector-3 Rourkela. After the marriage of the deceased with the accused, they were leading their conjugal lives in the quarter of the father of the accused i.e. Hari Bandhu Rout, vide quarter No.B/13 in Sector-16, Rourkela. But, surprisingly on 14/7/1991, the deceased was found hanging dead in a room in the quarter of the father of the accused.