The central legal point established in the judgment is the application of Sections 498-A and 304-B of the IPC to establish the offense of subjecting the victim to cruelty and harassment for dowry, leading to her death.

JUDGMENT :

A.S. Naidu, J. - The three Appellants filed this Criminal Appeal assailing the common judgment and order of conviction passed in S.T. Case No. 4/55 of 1996 and ST. Case No. 33/239 of 1996 by learned 1st Addl.Sessions Judge, Puri convicting all of them under Sections 498-A, 304-B/34, IPC read with Section 4 of the D.P. Act and sentencing them to undergo R.I. for life for the offence u/s 304-B, IPC, R.I. for three years for the offence u/s 498-A/334, IPC and R.I. for two years for the offence u/s 4 of the D.P. Act. The sentences were directed to run concurrently. In the meanwhile, it appears that Appellant No. 1-Gouranga Behera and Appellant No. 3-Nishamani Behera have expired. This appeal is confined only to Appellant No. 2-Fakir ' Hari ' Alok Behera.

2. The prosecution was set to motion on the basis of an F.I.R. lodged on 7.2.1994 by P.W.10 at Puri Town Police Station. According to the informant, his daughter Sabita was given in marriage for Fakir ' Hari ' Alok Behera according to Hindu rites and customs. Before marriage, it is alleged, demand was made by the parents of Hari for a scooter and Rs.10, 0007- in cash. After negotiation, however, it was decided that P.W.10, the father of the victim will pay a sum of Rs.25, 000/-as dowry, which was paid by him on the next date. After the marriage. Sabita and Hari led a happy conjugal life for some time. Thereafter, dissension arose and Sabita returned to her parent's house and requested her father, the informant, to give her a sum of Rs.10, 000/- as she was being abused and scolded by her in-laws. The informant kept his daughter with him for some days intending to make arrangement for the money. It is alleged that two days thereafter, Appellant Nos.2 and 3 came and forcibly took away Sabita to their house. On the date of incident, the informant received information that Sabita was killed. He rushed to the house of Sabita and found that she was lying dead with burn injuries on her person. It was further alleged that Sabita was tortured for dowry and was put to death since the demand could not be met by the informant. After receipt of the F.I.R. (Ext.1), a P.S. case was registered, which was subsequently converted to G.R. Cases No. 171 of 1995 and the O.I.C. took up investigation arrested the accused persons, conducted inquest, sent the dead body for post mortem, seized the incriminating materials and after completion of investigation, submitted charge-sheet in the'Court of learned S.D.J.M., Puri. It appears that learned SDJM after going through the records, took cognizance of the offences against the accused Gouranga and Hari and committed their case to the Court of Session and S.T. Case No. 4/55 of 1996 was registered. Thereafter, by a separate order, cognizance was taken against accused Nishamani in split up G.R. Case No. 171-A of 1995 and the said case was also committed to the Court of Session in S.T. Case No. 33/239 of 1996. As both the appeals arose out of the same incident, they were heard together and were disposed of by learned 1st Additional Sessions Judge by a common judgment.

3. The prosecution in order to substantiate the charges, got examined 14 witnesses. Out of them, P.W.1 is the mother of the deceased Sabita. According to her, Sabita was given in marriage according to Hindu rites and customs on 7th March, 1994. Initially there was demand for a scooter and a cash of Rs.10, 000/-, but then after negotiation, the in-laws of Sabita agreed for a cash of Rs.25, 000/- and gold ornaments apart from other house-hold articles like T.V. and other utensils. After the marriage, her daughter Sabita led a blissful married life for about 8-10 months and thereafter, ill-treatment started by the in-laws. He further stated that very often she used to complain about the torture on her for non-payment of demand. She returned to her house and told her parents that she was abused and tortured and requested them to pay a sum of Rs.10, 000/-, but then on the same night the husband of