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2000 Supreme(Ori) 175

P.K.PATRA
Banambar Misra – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Appellants:Mr. R. Mohapatra
For Respondent:Addl. Govt. Advocate

JUDGMENT

P. K. PATRA, J. — Appellants Banambar Misra and Satyabhama Misra have been convicted under Sec. 304-B of the Indian Penal Code (for short ‘IPC’) and sentenced to undergo rigorous imprisonment for ten years. Appellant Banambar Misra has further been convicted under Sec. 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months thereunder. Appellant Satyabhama Misra has further been convicted under Sec. 498-A, IPC and sentenced to undergo rigorous imprisonment for two years thereunder. The sentences are directed to run concurrently. The judgment dated 31.10.1998 passed by Shri K.B.Sahu, Second Addl. Sessions Judge, Puri in Sessions Trial No. 17/170 of 1994 convicting the appellants and sentencing them as stated above has been challenged in this appeal.

2. The appellants are husband and wife and are residents of village Harisaranpur under Satyabadi Police Station in the district of Puri. Their son Harihar Misra (P.W.2) had married deceased Suchitra, daughter of Jayakrushna Misra (P.W.4) of village Dugal on 17.6.1986 and the couple were blessed with two sons and a daughter. They were residing in a rented house at Ottasahi in village Sakhigopal which



















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