IN THE HIGH COURT OF ORISSA AT CUTTACK CRA No.302 of 1993 This is an appeal under Sections-2 of Section 374, read with Section-382 of Cr. P.C, 1973.

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Prasanna Kumar Rout & …. Appellants Others -versus-

State of Odisha & Others …. Respondents For Appellant : M/s. Mr.D.P. Dhal, Sr. Adv.

For Respondents : M/s. C.K. Pradhan, Addl. Govt. Advocate PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY ----------------------------------------------------------------------------- Date of Hearing: 03.12.2024 and Date of Judgment:11.03.2025 -----------------------------------------------------------------------------

Biraja Prasanna Satapathy, J

1. This matter is taken up through Hybrid Mode.

2. The present appeal has been filed by the Appellants challenging the order of conviction and sentence dtd. 18.08.1991 passed in Sessions Trial No.401/1992 by the learned 1^st Addl. Sessions Judge, Cuttack. Vide the said judgment, learned Trial Court held the appellants guilty of the offence under Sections-304-B/34, 498-A, 201 of the I.P.C and under Section-4 of the D.P. Act.

3. The appellants were convicted to undergo RI for 7 years each for the offence under Section 304-B, read with Section-34 of the I.P.C, RI for 1 year for the offence under Section-498-A and RI for 1 year each for the offence under Section- 201/34 of the I.P.C. The appellants were also convicted to undergo for RI for six months and to pay fine of Rs.1500/- each and in default for R.I two months for the offence under Section-4 of the D.P. Act.

3.1. Learned Senior Counsel appearing for the appellants contended that the prosecution case was set into motion basing on the F.I.R lodged by P.W.3 on 11.06.1992.

3.2. The Prosecution story as revealed in the F.I.R reads as follows:-

“Prosecution case as per written report Ext-2 submitted by p.w.3 Kamalakant Rout in Banki Police Station on 11-6-92 at 0.30 A.M. is that marriage of his sister Kantilata with Prasanna Kumar Rout was performed in the premises of Brahmei Thakurani about one and half months back. During marriage from the side of the bridegroom there was demand of one THA SAJA and cash of Rs.3,000/- p.w.3 promised to give the same within seven days. He gave the THA SAJA but he could not arrange money, Kantilata was abused, assaulted and tortured by her husband, husband’s elder brothers, parents-in-law and sisters-in-law (wife of the elder brothers of her husband).

On 6-6-92 Jatadhari Swain (husband of elder sister of Kantilata) had gone to the house of Kantilata. After returning from her house he informed p.w.3 that Kantilata had sent information to him (p.w.3) to give the money very soon or else her, husband and other members of / her family had threatened to kill her.

On 9-6-92 p.w.3 came to the house of Kantilata with Rs.3,000/-. He could not find Kantilata in her husband’s place. She was informed by Dhoba Rout that his sister had gone to her house (p.w.3), P.w.3 wanted to meet his brother-in-law, Prasanna Kumar Rout and but Dhoba Rout told that Prasanna had gone somewhere. When p.w.3 was sitting in the outhouse and brooding over, information received from Jatadhari and absence of Kantilata, Dhoba Rout told him to go back to his house. P.w.3 came back to his house and / searched for Kantilata at different places. He found a portion of a body of Kantilata inside a well of Kulamani Sahu. He informed this fact to the Gramarakhi- Sudhakar Mallik and Radhu Rout and requested them to keep watch near the well. He came to the Police Station and submitted the written report”.

3.3. It is contended that the prosecution in order to prove its case examined as many as 14 no.s. of P.Ws. Out of the P.Ws who were so examined, P.W.3 happens to be the informant and brother of the deceased Kantilata. P.W.11 is the Medical Officer, who conducted the post-mortem of the deceased and P.Ws.12 to 14 as the I.Os, who conducted the investigation at different point of time.

3.4. Learned Senior Counsel further contended that in order to prove the prosecution alleg