KASHIBAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The judgment and order dtd. 6/3/2021 passed by the High Court of Karnataka, Kalaburagi Bench in Criminal Appeal No.200027/2014 is under challenged before this Court, whereby the High Court has dismissed the said appeal filed by the appellants-accused against the judgment and order dtd. 11/2/2014 passed by the II Additional Sessions Judge, Bijapur (hereinafter referred to as "the Sessions Court") in Sessions Case No.5/2011. The Sessions Court vide the said judgment and order had convicted and sentenced the present appellant i.e., the accused nos. 1, 2 and 3 for the offences under Sec. 498A and Sec. 306 read with Sec. 34 of IPC, and acquitted the accused no.4 Santosh Jangamshetti, son of Kallappa Jangamshetti, who happened to be the brother-in-law of the deceased Jayashree, from the said charges.

(3.) The deceased Jayashree had married the appellant no. 3, Chandrashekhar about three years prior to the alleged incident. The appellant nos.1 and 2 happened to be the mother-in-law and father-in- law of the said deceased respectively. Smt. Annapurna, wife of Sadashiv Limbikai, mother of the deceased lodged a complaint before the Bableshwar Police Station alleging inter alia that her daughter Jayashree was given in marriage to accused no.3, Chandrashekhar. After the marriage, her parents-in-law, brother-in-law and her husband ill-treated Jayashree both physically and mentally on account of demand of dowry. Her daughter Jayashree because of such harassment committed suicide on 7/2/2010 at about 11:00 am by jumping into an open well situated in a land bearing Survey Number 53/4 at the Tigani Bidari village. The said complaint came to be registered against the accused for the offences under Sec. 498A and 306 read with Sec. 304 of IPC. The Sessions Court conducted the trial and after appreciating the evidence on record, convicted the appellants for the said offences and sentenced them to undergo simple imprisonment for a period of two years and to pay a fine of Rs.2,000.00 each for the offences under Sec. 498A read with Sec. 34 of IPC, and to undergo simple imprisonment for a period of five years and to pay a fine of Rs.5,000.00 each for the offences under Sec. 306 read with Sec. 34 of IPC. The High Court confirmed the said conviction and sentence as per the impugned order.