JUDGMENT :

S.K. Sahoo, J. - The appellant faced trial in the Court of learned Sessions Judge, Phulbani in Sessions Trial No. 86 of 2008 for offences punishable under sections 498-A, 304-B, 302, 406 of Indian Penal Code and section 4 of Dowry Prohibition Act, 1961.

The learned trial Court while acquitting the appellant of the charge under section 406 of Indian Penal Code, found the appellant guilty under sections 498-A, 304-B, 302 of Indian Penal Code and section 4 of Dowry Prohibition Act vide impugned judgment and order dated 09.03.2009 and sentenced him to undergo imprisonment of life and to pay a fine of Rs.1000/-, in default, to undergo R.I. for one year for each of the offences under sections 302/304-B of Indian Penal Code, R.I. for two years and to pay a fine of Rs.1000/-, in default, to undergo R.I. for four months under section 498-A of Indian Penal Code and R.I. for six months and to pay a fine of Rs.1000/-, in default, to undergo R.I. for two months for the offence under section 4 of Dowry Prohibition Act. The substantive sentences were directed to run concurrently.

2. The prosecution case as per the First information report (Ext.5) presented by Chitrasen Majhi (P.W.7) on 12.04.2008 before the Officer in-charge of G. Udayagiri Police Station is that his daughter Sujata Majhi (hereafter 'the deceased') married the appellant in accordance with caste and customs about three years prior to the lodging of the F.I.R. and they were blessed with a daughter who was aged about two years at the time of occurrence. The informant came to know on 11.04.2008 that the deceased was lying dead in the house of the appellant and immediately he along with his wife and some gentlemen of village Bardalbanga rushed to the house of the appellant and asked him about the occurrence who replied that the deceased caught fire on 11.04.2008 night for which she died. The informant also came to know that there was disturbance between the appellant and the deceased for about two days. The deceased was found lying dead in the house of the appellant with burn injuries. Suspecting that the appellant had killed the deceased, the informant lodged the first information report before P.W.11 Aswini Kumar Nayak, Officer in-charge of G. Udayagiri Police Station who registered G. Udayagiri P.S. Case No. 29 of 2008 under sections 498 (A), 304 (B), 302 of Indian Penal Code read with section 4 of Dowry Prohibition Act.

3. P.W.11 issued requisition to the Sub-Collector for deputation of Executive Magistrate to the spot for holding inquest over the dead body. P.W.11 examined the informant and other witnesses, issued command certificate to the police constables to proceed to the spot for guarding the dead body. On 13.4.2008. P.W.11 along with the Executive Magistrate and other staffs visited the spot and held inquest over the dead body of the deceased and prepared inquest report Ext.1. The dead body was sent for post mortem examination through constables.

P.W.6 Dr. Biswaranjan Padhi who was the Medical Officer attached to G. Udayagiri Government Hospital conducted autopsy over the dead body on 13.04.2008 and prepared the post mortem report vide Ext. 4. He opined the cause of death to be homicidal in nature.

During course of investigation, P.W.11 seized the broken bangles, some half burnt leaves, one half burnt red coloured jerry cane, one half burnt plastic mat, half burnt Saree, Saya, bed sheet and other clothes which were seized from the spot vide seizure list Ext.3/1. He also seized the sample earth and blood stained earth and some earth emitting kerosene smell from the spot where the dead body of the deceased was lying vide Ext.2/1. He prepared the spot map Ext.9 and the spot is the bed room of the house of the appellant. The I.O. arrested the appellant on 14.04.2008 and forwarded him to Court. He seized the garments and ornaments of the deceased as well as the command certificate on production by the police constables. He received the post mortem report on 13.05.2008.