LAWS(SC)-2003-1-11

STATE OF KARNATAKA Vs. M V MANJUNATHEGOWDA

Decided On January 07, 2003
STATE OF KARNATAKA Appellant
V/S
M.V.MANJUNATHEGOWDA Respondents

JUDGEMENT

(1.) When a woman enters into wedlock, she has many salutary expectations. She would expect happy conjugal life, she would then expect to be a mother one-day, then she would expect to be mother-in-law and grand-mother and so on. All these expectations are shattered by the cruel hands of dowry related death.

(2.) The deceased-Kamalamma got married with accused No. 1 on 17-5-1987. On 14-11-1987, she was murdered and her body was found in a dry Well. There is no dispute that the death was unnatural. The death of the deceased occurred within 7 years of her marriage with accused No. 1.

(3.) Accused No. 1 (respondent No. 1 herein) was tried along with accused Nos. 2 and 3 in the Court of Session Judge, Chikmagalur, for the offence under Section 302, I.P.C. and in the alternate under Section 304-B, I.P.C. They were also charged under Section 201 read with Section 34, I.P.C. Accused Nos. 1 and 2 were also charged under Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 (hereinafter the Act) read with Section 34, I.P.C. All the accused belong to Manimakki village. They are related to each other. A-2 is the mother of A-1 and A-3. A-3 is the younger brother of A-1. A-1 has also got another younger brother who is married to PW-9 Smt. Girijamma. All of them were residing together in the same house. It is in the evidence on record that the deceased was also residing in the same house along with the accused and other inmates of the house on the intervening night of 13-11-1987 and 14-11-1987.