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2009 Supreme(Ori) 670

S.C.PARIJA, A.S.NAIDU
GOURANGA BEHERA (SINCE DEAD) – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D. Panda, for the Appellant; J.P. Patra, Addl.Standing Counsel, for the Respondent

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

















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