Satrughana Pujahari, J. - (1.)This appeal arises out of the judgment of conviction and order of sentence dated 30.11.1992 of the learned Sessions Judge, Cuttack passed in S.T. No.32 of 1992 convicting the appellant and his deceased father under Sections 306 and 498 of the Indian Penal Code, 1860 (for short "the I.P.C.") and sentencing each of them to undergo R.I. for 5 years for the offence under Sec. 306 of Penal Code and R.I. for 1 year under Sec. 498-A of IPC.
(2.)It is worth to mention here that as the appellant - Banchanidhi Nanda (the father-in-law of the deceased) had died, case was abated against him during pendency of the appeal. The present appellant is the brother-in-law of the deceased.
(3.)Prosecution case, as unfolded during trial, bereft of unnecessary details, is that the marriage between the deceased - Binapani and Shiba Prasad Nanda was solemnized on 11.07.1988. The father of the deceased gave articles in the marriage according to his capacity, but in-laws of his daughter used to demand freeze, cow and cash of Rs.10,000.00 from their daughter-in-law and used to taunt and harassed his daughter continuously. The deceased had also given birth a female child during that time. The wear and tear of the family were made mountain by the appellant and his father and unable to bear such continuous torture the deceased took shelter in her parental home during Sept., 1989 where she stayed for nearly five months. In Jan., 1990 after prolonged persuasion of her father, the deceased proceeded to her in-laws' house. Few days thereafter, on 17.02.1990 the deceased sent a letter to her father intimating her woeful life where she was being physically assaulted and threatened to be ousted from the house. All such being silly matters out of petty domestic quarrel, the father of the deceased advised her to adjust. Unfortunately, on 18.02.1990 at about 5 p.m., the informant got information that his daughter was seriously ill and when he rushed to her marital home, found she was lying dead. Inmates of the house divulged before him that she committed suicide. On the basis of such information, case was registered under Sections 498-A, 306 read with Sec. 34 of Penal Code against the present appellant, his deceased father and his mother who was acquitted of the charge. In course of investigation, all incriminating materials were seized. Dead body was sent for postmortem examination where one nail mark on the posterior surface of left forearm and a ligature mark around the neck were found. According to the concerned daughter, cause of death of the deceased was due to asphyxia caused either by suicide or homicide, there being nail mark on the arm and abrasion on lateral aspect of the neck.