IN THE HIGH COURT OF ORISSA AT CUTTACK CRA No.69 of 199 Arising out of the judgment and order dated 23.03.1998 passed by the learned Addl. Sessions Judge, Bhubaneswar in S.T. Case No.7/5/407 of 1996/95.

1.Babuli Barik

2.Ichha Barik (dead) …. Appellants -versus-

State of Odisha …. Respondent Advocates appeared in this case through Hybrid Mode : For Appellants : Mr.G.N.Mishra, Advocate For Respondent : Mr.M.R.Mishra, ASC CORAM:

HONOURABLE MISS JUSTICE SAVITRI RATHO .………………………………………………………………………

Date of Judgment : 30.05.2025 ………………………………………………………………………..

Savitri Ratho, J. This appeal has been filed challenging the judgment dated 23.03.1998 passed by the learned Addl. Sessions Judge, Bhubaneswar in S.T. Case No.7/5/407 of 1996/95 convicting the appellants, Babuli Barik and Ichha Barik for commission of offences punishable under Section 4 of the D.P. Act and sentence to undergo S.I. for one year. By the said judgment, the co-accused-Chandramani Barik, Sarat @ Dukhisyam Barik, Prahallad Barik, Rabi @ Rabindra Das and Dr.Pramod Kishore Samantray who faced different charges have been acquitted. No appeal has been filed by the Government challenging their acquittal.

Appellant No.1 Babuli Barik the husband and appellant no.2 Ichha Barik was the mother-in-law of the deceased Santilata. It has been stated at the bar that appellant no.2 Ichha Barik has died during pendency of the appeal and hence the Criminal Appeal abets so far as she is concerned.

PROSECUTION CASE

2. The prosecution case in brief is that appellant No.l-Babuli Barik is the son of appellant No.2-Ichha Barik and Markanda Barik since dead and so the case against him has abated. Babuli Barik married to Santilata Barik on 11.03.1987. before the marriage, the Appellants and Markanda Barik demanded cash of Rs.35,000/-, one godrej almirah and other articles as dowry. The parents of the deceased paid Rs.30.000/- before marriage and promised to pay the balance dowry amount of Rs.5,000/- and a godrej almirah after marriage. The appellant and Markanda Barik tortured the deceased Santi both physically and mentally for non-payment of the balance dowry amount and non-delivery of Godrej almirah. In this background, the deceased Santi suddenly died in the night of 7/8.3.1991 while staying in the house of the appellants and Markanda Barik. The appellants along with other co-accused burnt her dead body in the same night without informing her parents and relations living in their village. The co-accused, Dr.Pramod Kishore Samantray granted a false medical certificate showing that the deceased was suffering from diarrhoea and was under treatment at the relevant time. Dusasan Barlk (P.W.7) who is a relation of the deceased and neighbour of the co-accused on 08.03.1991 lodged a written report (Ext.4) at Khandagiri P.S. alleging the death of the deceased due to quarrel between her and appellant No.2-Ichha Barik. The Inspector-in- charge of the said report registered U.D. Case No.05 of 1991 and directed Pramod Kumar Sahu (P.W.11), the Assistant Sub-Inspector (in short „A.S.I.‟) to take up the enquiry. The A.S.I. after conducting enquiry lodged F.I.R. (Ext.2/1) at Khandagiri Police Station on 25.5.91 and a case u/s 498-A/34,I.P.C. was registered. Investigation was conducted and in due course, charge sheet under Sections 498-A, 302, 34 of IPC and Section 4 of the D.P. Act was placed against the appellants, Markanda Barik (who had died), Chandramani Barik Sarat @ Dukhisyam Barik, Prahallad Barik and Rabi @ Rabindra Das. The appellants and co- accused (except Markanda Barik) faced their trial on the above charges after commitment of the case to the Court of Sessions.

DEFENCE PLEA

3. The accused persons denied their complicity with the offences in question and pleaded false implication. The appellants in their respective statements under Section 313 Cr.P.C. that appellant No.1 married deceased Santi on 11.03.1987 and she died in their house on 07.03.1991. They pleaded that she died due to diarrhea and her dead