LAWS(ORI)-2009-4-79

SMT. SUNDARMANI ACHARYA Vs. STATE OF ORISSA

Decided On April 17, 2009
Smt. Sundarmani Acharya Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) IN this appeal challenge is made to the judgment of conviction and order of sentence passed by Sri T. Purohit, 1st Addl. Sessions Judge, Puri on 10th March 2004 in S.T. Case No. 13/251 of 2003 by which he while acquitting the Appellant of the charge under Section 306 I.P.C. convicted her under Sections 498 -A/304 -B of the I.P.C. and sentenced her to undergo imprisonment for life for the offence under Section 304 -B of the I.P.C. and in view of such sentence did not pass any separate sentence under Section 498 -A of the I.P.C.

(2.) THE facts of the case, in short, are as follows: -

(3.) MR . Nachiketa Mohapatra, learned Counsel for the Appellant has strenuously urged that the entire prosecution evidence is full of contradiction in this case and there have been numerous improvement, suspicious circumstances and misrepresentations. According to him, the alleged dying declarations made by the deceased are not worthy of belief and the learned Court below should not have convicted the appellant basing on the same. Mr. Pani, learned Counsel appearing on behalf of the informant and Mr. A.K. Mishra, learned Standing Counsel, on the other hand have supported the impugned judgment of conviction and order of sentence.