JUDGMENT

G.N. Ray, J.-In this appeal the order of acquittal in favour of the accused Kuntala Mishra, by the judgment dated October 1, 1986 passed by the High Court of Orissa in Criminal Appeal No. 276 of 1984, setting aside the conviction of the said accused under Section 302 I.P.C. by the judgment dated December 17, 1984 passed by the learned Sessions Judge, Sambalpur in Sessions Trial No. 46 of 1984 and consequential sentence of life imprisonment imposed on the accused is under challenge.

2. The prosecution case in short is that the deceased Geeta was the daughter-in-law of the accused Kuntala Mishra. The accused was a midwife (Dhai) in the Maternity Hospital at Sambalpur. When negotiation of marriage of the deceased with Subhas, son of the accused, had taken place, a sum of Rs. 8000/- was demanded as dowry by the accused, her brother Satyaprasad. Though the father and brother of Geeta initially did not agree to pay the said sum because of their financial hardship, they, however, agreed to pay the said amount on the date of marriage i.e. on May 24, 1981. The parents, however, could not pay the said sum at the time of marriage and the party accompanying the bridegroom i.e. husba