The court upheld the conviction for cruelty under Section 498-A but granted probation, emphasizing the appellant's status as a first-time offender and the extensive delay in the appeal process.

JUDGMENT :

SIBO SANKAR MISHRA, J.

The present Criminal Appeal, filed by the appellant under Section 374 of the Cr. P.C., is directed against the judgment and order dated 27.07.1998 passed by the learned Additional Sessions Judge, Rairangpur in Sessions Trial Case No.20/145 of 1997, whereby the learned trial Court while acquitting all other accused persons of the charges under Sections 498(A)/304-B of I.P.C., convicted the appellant on the charge under Section 498-A of I.P.C., however, acquitted the appellant of all other charges. The appellant was sentenced to undergo R.I. for two years and to pay a fine of Rs.1,000/-, in default, to undergo R.I. for one month.

2. Heard Mr. Mohammed Faradish, learned counsel for the appellant and Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel for the State.

3. The matter was extensively heard on 03.07.2025. Learned counsel for the appellant confined his argument only to the quantum of sentence and submitted that he would pray for extension of benefit of Probation of Offenders Act. Hence, in so far the conviction of the appellant under Section 498-A of I.P.C. is concerned, he would not argue the matter on merits.

4. The State has also not challenged the acquittal of the other accused persons from all other charges and also the acquittal of the present appellant of the charges under Section 304-B of I.P.C. Therefore, the present appeal filed by the appellant is pending determination before this Court, which arises from the F.I.R in Rairangpur Rural P.S. Case No.78 dated 21.10.1996.

5. The prosecution case in terse and brief is enumerated hereunder:-

(a) In the year June 1996, the appellant Parameswar Mohanta married the deceased Usha @ Manjulata. It is alleged by the prosecution that in furtherance of common intention, the appellant and other accused persons subjected the deceased to mental and physical torture on demand of dowry. Eventually, the cruelty become intolerable. It is alleged that in the evening of 20.10.1996 at village-Panposi, Manjulata (deceased) was inflicted with injuries on her person with Gupti, knife and big size bolder causing her death. The dead body was traced out on the next day noon.

(b) On the written report of the co-accused Rameswar Mohanta, Rairangpur Rural P.S. U.D. Case No.9 dated 21.10.1996 was registered. During the enquiry, suspicion was raised against the accused persons. Hence, U.D. case was converted to Rairangpur Rural P.S. Case No.78 dated 21.10.1996. The matter was investigated. After inquest over the dead body of the deceased was over, the dead body was subjected to post mortem examination. From the spot sample earth blood stained earth, five pieces of blood stained tiles, a pair of ear-rings, necklace, a chappal and bunch of hair of the deceased was seized. From the house of the appellant, some house hold articles claimed to be the dowry articles were also seized. Couple of them were left in the zima of the father of the deceased.

(c) It is the case of the prosecution that the accused-appellant while in police custody gave recovery of Gupti knife, weapon of offence from the house of the accused Chhutu @ Lalmohan and his blood stained wearing apparels were also recovered. Another weapon of offence was also recovered from the backyard of the house of the co-accused Rameswar Mohanta. Some of the seized articles were subjected to the chemical examination and many other documents were also seized from the accused persons.

6. After investigation, charge-sheet under Section 173 Cr.P.C. was filed against the accused persons for alleged commission of offences punishable under Sections 4 98-A/304-B and 302/201/34 of I.P.C. read w