IN THE HIGH COURT OF ORISSA AT CUTTACK

CRA No.333 of 1991

(In the matter of an application under Section 374(2) read with

Section 382 of the Criminal Procedure Code, 1973)

Bijuli Jena and others ……. Appellants

-Versus-

State of Orissa ……. Respondent

For the Appellants : Mr. D.P. Dhal, Senior Advocate

For the Respondent : Ms. Suvalaxmi Devi, ASC

CORAM

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA

Date of Hearing: 25.11.2025 :: Date of Judgment: 27.11.2025

S.S. Mishra, J. The present Criminal Appeal is filed by three appellants under Section 374(2) read with Section 382 of the Code of Criminal Procedure, is directed against the judgment and order dated 21.12.1991 passed by the learned Additional Sessions Judge, Bhadrak in S.T. Case No.27/117 of 1991. By the impugned judgment, the learned trial Court convicted the accused-appellants for the offences punishable under Sections 498-A/304-B read with Section 34 of the

Indian Penal Code (hereinafter I.P.C. for brevity) and Section 4 of the D.P. Act and sentenced the appellants to undergo rigorous imprisonment for seven years each for the offence U/s.304-B/34 of I.P.C., however, no separate sentence was awarded on the count of other conviction.

During pendency of the present appeal, the appellant no.3-

Nakula Jena expired. Therefore, vide order dated 08.07.2025, the appeal qua the deceased-appellant No.3 stood abated in absence of any application under Section 394 Cr.P.C. moved by his legal heirs or next friend. Accordingly, the present appeal is confined to the appellant Nos.1 and 2 only.

2. Heard Mr. D.P. Dhal, learned Senior Counsel appearing for the appellants and Ms. Suvalaxmi Devi, the learned Additional Standing Counsel appearing for the State.

3. The prosecution case in terse and brief is that on 19.08.1990, a written report (Ext. 3) was submitted on 20.08.1990 before P.W.5, the Officer-in-Charge of Dhamnagar Police Station, by P.W.1 Kadha Jena, wife of P.W.2 Kartik Jena. In the complaint, it was alleged that the deceased Laxmi, (daughter of the informant), had married to appellant No.2-Suresh Jena, in the month of Baisakha. At the time of marriage, all articles demanded as dowry had been provided except a pair of gold bangles and a gold necklace. Although the informant had promised to give the said gold ornaments within one month of the marriage, but she could not fulfil the promise due to financial constraints. This allegedly led to both mental and physical torture of Laxmi by appellant No.2, his bhauja (appellant no.1), and his brothers Babaji, Alekha, and Kelu. It was further stated that the accused persons repeatedly compelled the deceased to write letters to her father and brother demanding the aforesaid ornaments. The informant and her husband were making efforts to arrange money for the ornaments but were unsuccessful. On 07.08.1990, P.W.3, the son of the informant, visited the house of the appellants, where the deceased disclosed to him the details of torture meted out to her and the threats to her life. It was further alleged that on 18.08.1990, the in-laws of the deceased sent information that Laxmi was suffering from diarrhoea and was undergoing treatment at the Asurali hospital. Upon receiving this message, the relatives of the deceased went to the appellants’

house and found Laxmi lying dead. P.W.2 thereafter reported the matter at Dhamnagar Police Station.

The record also reveals that on 10.08.1990, accused Nakula Jena had lodged a report under Ext.4 stating that the deceased had committed suicide by hanging, on the basis of which U.D. Case No. 16/90 was registered. On the same day, another report (Ext.1) was lodged by P.W.2 alleging that his daughter had been tortured and murdered for non-fulfilment of the promise about the gold ornaments demanded as dowry. However, as the U.D. case had already been registered on the report of accused Nakula Jena, no action was taken by the police on Ext.1. During enquiry in the U.D. case, the police conducted an inquest under Ext.2, prepared