JUDGMENT

I. MAHANTY, J. : The present appeal has been filed by one Dhani @ Dhaneswar Sahu, alongwith one Suka @ Sukuti Sahu, appel¬lant Nos.1 and 2 respectively who are, in fact, father and son. The appellants faced their trial in the Court of Addl.Sessions Judge, Jajpur in ST Case No.29 of 1998/2 of 1998 for the offences punishable under Section 498-A and 306 of the Indian Penal Code and were ultimately convicted under Section 498-A I.P.C. and Section 306 read with Section 511 of I.P.C. and were sentenced to undergo R.I. for three years and to pay a fine of Rs.5000/- each, in default, to undergo R.I. for further three months for the offence under Section 498-A I.P.C. and were further sentenced to undergo R.I. for five years each for the offence under Section 306 read with Section 511 I.P.C. and both the sentences were directed to run concurrently.

2. The prosecution case, in brief is that appellant No.1 married one Kamini @ Kanak on 14.7.1987. Before the marriage took place their was a demand of dowry from the side of the appel¬lants. It is further found that one Bansidhar Sahu had acted as mediator for the marriage who settled the dowry at Rs.4000/- in cash in lieu of a television set and in addition a sum of Rs.3000/- for the dress of appellant No.1. Apart from that Kamini was given gold ornaments worth two and half tolas. It is alleged that the appellant No.1 received dowry as per the settlement but at the marriage altar, both the appellants demanded a table fan in addition to the items noted hereinabove. The mother of Kamini expressed her inability to provide a table fan for which appel¬lant No.1 did not take ‘Pakhal’ (traditional post marriage break¬fast) in his in-law’s house and on the day after the marriage, went away to his house taking his wife-Kamini.

The further case of prosecution is that Kamini was pressurized by the appellants to bring the table fan or in liue thereof 50 Kgs. of brass material. Since neither the table fan nor any brass material was given, Kamini was subjected to torture on many occasions. Kamini had sent information to her mother through various persons such as, Dharmananda Sahu, Batakrushna Sahu, Achyuta Mallick and others. Kamini’s mother sent represen¬tatives to settle the matter, but since the matter was not re¬solved, appellant No.2 (Father-in-law) separated Appellant No.1 and Kamini from his family kitchen. It is the further case of prosecution that after death of Kamini’s mother-in-law, her maternal uncle and brother visited their house and tried to unite appellant No.1 and appellant No.2 but all such efforts were in vain. It is further alleged that in the month of Pousa, Kamini had come to visit her mother and narrated everything to her as well as her brother about the torture that was inflicted on her. After ten days of her stay in her paternal home, her brother Achyuta Sahu accompanied Kamini to her matrimonial home. On their arrival, both the appellants humiliated Kamini and her brother Achyuta Sahu and threatened her for the consequence for not bringing the table fan and asked Achyuta to take Kamini back, but Achyuta managed to leave her in the house of the appellant.

It is alleged that 20 days thereafter, appellant No.1 as¬saulted Kamini and provoked her into committing suicide by sug¬gesting to her to commit suicide since her mother could not provide the table fan.On that very day, i.e., 15.1.1986, Kamini attempted suicide by taking acid. The mother of Kamini received information from other sources that her daughter had been admit¬ted as an indoor patient in the SCB Medical College Hospital, Cuttack. On he arrival in the hospital, it is alleged that Kamini expressed before her, that she had been instigated into taking acid, for not giving table fan. Ultimately, Kamini expired on 6.3.1986, but the information of her death was not communicated to her mother. After learning about the death of Kamini, her mother Bhagyabati Bewa (P.W.1) lodged an F.I.R. on 14.3.1986 alleging that the a