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2014 Supreme(Ori) 855

S.K.MISHRA
SANJIB SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Anirudha Das, G.P. Panda, A. Das, S.K. Rout, P.K. Jena, D.P. Mohapatra and P. Das, for the Appellant; Anupam Rath, Addl. Standing Counsel, for the Respondent

JUDGMENT :

S.K. Mishra, J.

1. In this appeal, the convicts in S.T. Case No. 88/4 of 2008 of the Court of learned Addl. Sessions Judge, Kuchinda assail the judgment dated 10.12.2010 convicting them for the offence under Sections 498-A, 304-B and 406/ 34 of the IPC read with Section 4 of the DP. Act.

2. The case of the prosecution in brief, is that informant-Saroj Barik gave his sister-Dolly @ Upama Barik in marriage to the accused, Sanjib Sahu. The marriage was solemnized on 18.02.2005. After two months of marriage, the accused-Sanjib along with co-accused persons, i.e. his parents and sisters inflicted physical and mental torture to his sister on demand of dowry of Rs. 1,00,000/-. It is alleged that when such torture became unbearable on the part of Upama, she came back to her father's house during August, 2006. It is further alleged that in the month of August 2006, the accused-Danesh Sahu and Binodini Sahu, parents of the Sanjib went to the house of the deceased and committed before the village gentlemen that they will never ill-treat Upama in future. Relying on the assurance given by the village gentlemen, Upama went to her matrimonial house. On 20.08.2006, Upama along with her hu














































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