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1. Grieved by the judgment and order of sentence dated 09.01.2013 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 63/182 of 2012, the appellant has preferred this appeal challenging his conviction for offence U/S. 498-A/302/304-B of Indian Penal Code, 1860 (in short the "IPC") and Section 4 of Dowry Prohibition Act, 1961 (in short the "DP Act") and sentence to undergo imprisonment for life with fine of Rs.20,000/- in default whereof, to undergo further Rigorous Imprisonment (R.I) for one year for offence U/S. 302 of IPC; to undergo RI for two years with fine of Rs.1,000/-, in default whereof, to undergo R.I. for further three months for offence U/S. 498-A of IPC and to undergo R.I. for one year with fine of Rs.1,000/-, in default whereof, to undergo further RI for further one month for offence U/S. 4 of D.P. Act with stipulation of all the sentences to run concurrently. The learned trial Court by the impugned judgment and order has not awarded any separate sentence to the appellant for offence U/S. 304-B of IPC, while acquitting the parents-in-law of the deceased.

On this incident on the same day at about 8.45 A.M., P.W.4 lodged a FIR before OIC Pandapada P.W.12-Balewar Gidhi who registered Pandapada P.S. Case No. 08 of 2012 against the appellant for commission of offence U/S. 498-A/304-B/302 of IPC and took up investigation of this case, in the course of which, he examined the witnesses, conducted inquest over the dead body of the deceased in presence of Executive Magistrate under Ext.3, prepared the spot map under Ext.10, sent the dead body to DHH, Keonjhar for PM examination, seized the blood stained earth and sample earth from the spot under seizure list Ext.6, also seized the weapon of offence (RUA) stained with blood under seizure list Ext.5, arrested the appellant, also seized the wearing apparels of the appellant under seizure list Ext.1 as well as seized the wearing apparels of the deceased under Ext.2 and lastly, sent all the incriminating materials to SFSL Rasulgarh, Bhubaneswar for chemical examination. On conclusion of investigation, P.W.12 submitted charge sheet against the appellant and parents-in-law of the deceased for offences punishable U/Ss. 498-A/302/304-B of IPC and Section 4 of D.P. Act under which cognizance was taken resulting in trial in the present case after denial of the accused persons to the charge for the aforesaid offences.

16. In the result, the appeal is allowed in part to the extent indicated above on contest, but no order as to costs. Consequently, the judgment of conviction and order of sentence passed on 09.01.2013 by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No. 63/182 of 2012 are hereby confirmed only for offences U/Ss.302/498-A of IPC, but the appellant is acquitted of the charge for offences U/S.304-B of IPC and U/S.4 of DP Act.