Prosecution must substantiate dowry-related charges with specific evidence of cruelty and demands, failing which conviction cannot stand.

JUDGMENT :

A.C.BEHERA, J.

1. The appellant by preferring the appeal has challenged the Judgment of conviction and order of sentences dated 07.04.1993 passed by the learned Addl. Sessions Judge, Rourkela in S.T. Case No.43/20 of 1992 arising out of G.R. Case No.1076 of 1991 corresponding to Sector- 15 P.S. Case No.66 of 1991 of the court of learned S.D.J.M., Panposh, Rourkela.

2. The appellant has been convicted for commission of offences under Section 4 of the D.P. Act, 1961, Sections 498 -A and 304-B of the IPC , 1860 and accordingly, he has been sentenced to undergo R.I. for 10 (ten) for the offence under Section 304 -B of the , 1860 and R.I. for 2 (two) years for the offence under Section 4 98-A of the , 1860 and R.I. for 1 (one) year and fine of Rs.5,000.00 (rupees five thousand) in default to undergo further R.I. for a period of two months for the offence under Section 4 of the Dowry Prohibition Act, 1961 with a direction for running all the substantive sentences concurrently.

Prosecution Case

3. The accused is the husband of the deceased Durga. Their marriage was solemnized on 23.02.1991 at Jagannath temple Sector-3 Rourkela. After the marriage of the deceased with the accused, they were leading their conjugal lives in the quarter of the father of the accused i.e. Hari Bandhu Rout, vide quarter No.B/13 in Sector-16, Rourkela. But, surprisingly on 14.07.1991, the deceased was found hanging dead in a room in the quarter of the father of the accused.

4. After the death of the deceased, the younger brother of the accused i.e. Bijaya Kumar Raut intimated about the suicidal death of the deceased at the nearest police station i.e. at Sector-15 P.S., Rourkela.

Basing upon such report of the brother-in-law of the deceased vide Ext.25/1, Sector-15 Police Station U.D. Case No.8/91 was registered by the IIC and direction was given to the A.S.I. Mr. Binod Bihari Patel of that P.S. to take up the inquiry of the U.D. case.

During inquiry, the enquiring officer of the U.D. Case i.e. A.S.I. Mr. B.B. Patel visited the spot, prepared the spot map (Ext.12), examined the informer of the said U.D. Case i.e. Bijaya Kumar Rout and also examined other witnesses, held inquest over the dead body of the deceased, prepared inquest report (Ext.4), seized a letter through seizure list (Ext.3), seized other materials through other seizure lists, sent the dead body of the deceased for post mortem examination and accordingly, post mortem examination over the dead body was conducted. After completion of the post mortem examination over the dead body of the deceased, he (I.O) seized the wearing apparels of the deceased along with her wearing ornaments through seizure list (Ext.7) and released the wearing ornaments of the deceased in the zima of the father of the deceased. But, when in the midst of the enquiry of the U.D. Case, the brother of the deceased i.e. Basanta Kumar Patra lodged a written F.I.R. (Ext.5) against the accused along with his father on 17.07.1991 and when basing upon such F.I.R. (Ext.5), the I.I.C Sector-15 P.S. i.e. Mr. R.K. Dash registered Sector-15 P.S. Case No.66/91 then, as per the direction of S.P., the D.S.P. Mr. B.B. Nayak, took up the the investigation of that Sector-15 P.S. Case No.66/91.

5. During investigation, he (I.O.) collected all the records of above Sector-15 P.S. U.D. Case No-66/91 from the enquiring officer i.e. A.S.I. B.B. Patel, visited the spot, examined the witnesses, arrested the accused and forwarded him to the court. Then, he (I.O. Mr. B.B. Nayak) handed over the charge of the investigation of the case to the next I.O. Mr. B.K. Mohanty on 12.08.1991.

Since, 12.08.1991, the I.O. (B.K. Mohanty) proceeded with the