Kali Charan Mishra vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 118

IN THE HIGH COURT OF ORISSA AT CUTTACK
Sibo Sankar Mishra
Kali Charan Mishra – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Appellant :Mr. Asok Mohanty, Senior Advocate
For the Respondent: Ms. Suvalaxmi Devi, ASC

Table of Content
1. conviction under sections ipc and d.p. act based on dowry harassment evidence. (Para 1 , 2 , 3)
2. court analysis of evidence leading to conviction. (Para 4 , 5)
3. appellant's arguments regarding trial duration and sentencing purpose. (Para 8 , 9)
4. court's decision on probation instead of imprisonment. (Para 10)

JUDGMENT :

Sibo Sankar Mishra, J.

The present Criminal Appeal, is filed by the appellants under Sections 374(2) of the Cr. P.C., assailing the judgment and order dated 06.08.1999 passed by the learned First Additional Sessions Judge, Puri in Session Trial Case No. 3/134 of 1998, whereby the learned trial Court has convicted the accused-appellants U/s.498-A/34 of the Indian Penal Code , 1860 & Section 4 of the D.P. Act and sentenced them to undergo R.I. for three years U/s.498A/34 and further sentenced to undergo R.I. for two years U/s.4 of the D.P. Act.

2. The prosecution case is that the accused Kali Charan Mishra married the deceased Manorama on 02.03.1994 as per Hindu rites and customs. At the time of marriage, the accused demanded Rs.12,000 along with gold ornaments and other articles, but the deceased’s father, P.W.13, could only provide Rs.10,000. The