BISWAJIT MOHANTY,J. - (1.)The present Criminal Appeal is directed against the judgement dated 27.6.2003 pronounced by the learned Addl. Sessions Judge, Jajpur in Sessions Trial No.592/54 of 2000 arising out of G.R. Case No.936 of 1999 from the file of learned S.D.J.M., Jajpur convicting the appellant under Sections 498 A/302 of I.P.C. and under Section 4 of the D.P. Act, 1961. Vide impugned judgment, for the offence under Section 498 A IPC, the appellant has been sentenced to underego R.I. for 2 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo further R.I. for 2 months and for the offence under Section 302 IPC, the appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default of payment whereof to further undergo R.I. for 5 months. No separate sentence has been awarded for the offence under Section 4 of the D.P. Act, 1961. However, the learned trial court has directed that both the above noted substantive sentences are to run concurrently.
(2.)Prosecution story in brief is that the appellant was married to the deceased-daughter of P.W.7 in or around in 1998 in the month of July in Mahabinayak temple of Chandikhol. At the time of marriage, the parents of deceased which includes P.W.7 had given cash of Rs.5,400/- to the appellant and his father and had promised to pay another Rs.1,000/-. On account of inability to pay the balance amount, the appellant and his parents used to abuse and assault the deceased. On 13.5.1999, the deceased-wife died in her matrimonial house. The Gramarakhi of the locality (P.W.6) lodged a written report on the next morning about the death of the deceased at Jenapur Police Out Post, basing upon which, an unnatural death case was registered and the matter was enquired into. In course of investigation, inquest report was prepared, post-mortem examination was held and some witnesses were examined. Subsequently, after receipt of the post-mortem report disclosing the death as homicidal, a coginzable case was registered under Section 302 IPC and on completion of investigation, charge sheet was filed against the appellant and his father. It is important to note here that during pendency of the Sessions Trial, the father of the appellant died in the month of December, 2001. Accordingly vide order dated 7.2.2002, the learned trial court noted that the case against the father of the appellant stood abated.
(3.)The plea of the appellant was of complete denial.