CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:
1. Both the appellants faced trial in the Court of learned Adhoc Addl. Sessions Judge, Cuttack in S.T. Case No.764/2001. Appellant No.1-Dijabar Swain was charged for committing murder of his wife and of causing disappearance of evidence. Appellant No.2-Bijoya Bastia was charged for causing disappearance of evidence of the crime. By judgment dated 04.12.2002, appellant No.1- Dijabar was convicted under Sections 302/201 of I.P.C. and sentenced to undergo imprisonment for life while appellant No.2-Bijoya Bastia was convicted under Section 201 of I.P.C. and was sentenced to undergo rigorous imprisonment for five years.
2. Prosecution case, briefly stated, is as follows; Namita, the daughter of the informant, Dhoi Naik (P.W.10) was given in marriage to accused-Dijabar in 1994 as per Vedic rites. Dijabar regularly demanded money from his in-laws and used to visit them and bring money from them on the pretext of investing in his business. Namita informed through a letter to her parents that she would be killed unless further Rs.10,000/- was paid. On 19.10.2000 the elder brother of Dijabar namely, Abhimanyu (P.W.7) went to the house of Dhoi Naik and learning from his wife that he had gone to the fields, Abhimanyu went there and informed Dhoi that his daughter (Namita) was ill and had died in the hospital. He further informed that instead of taking the dead body to home, they cremated her in the electric furnace. Hearing this, Dhoi lost his consciousness and after regaining his sense he found Abhimanyu absent. He came home and informed his family members. His son found accused Dijabar in the bus stand and brought him to their house. On 22.10.2000, Dhoi went to his native village and came to know that the accused had killed his daughter and cremated her dead body. The informant therefore, went to Niali P.S. and lodged a written report which led to registration of Niali P.S. Case No.175/2000 under Sections 302/201/34 I.P.C. During investigation, it came to light that accused-Dijabar had killed his wife by strangulating her while accused Bijoya had helped him to dispose of the dead body in a pond. Accused Bijoya had led the police to the pond from where the dead body was recovered.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQm4PmYWqW%2FeDSw90O5L%2FleHNwGOx1NvW1a3e7bM5Ald7&caseno=CRLA/45/2003&cCode=1&cino=ODHC010014272003&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.