RAMAIAH @ RAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Laxmi, since deceased, was 14 years of age when she was married to the appellant on 18.11.1992. Within six months of her marriage i.e. on 22.05.1993, she died an unfortunate unnatural death. Her body was recovered on 22.05.1993 at 4 p.m. from a well. It was cremated on that day. However, four days thereafter i.e. on 26.05.1993, at 8 p.m., Mr. Mariyappa (PW-1), maternal uncle of the deceased, lodged the complaint with the Police Station and the case was registered as Cr. No.160/93.

(2.) As per his statement, it is he and his wife (PW-2) who brought up Laxmi. At the age of 14, appellant's father asked for the hand of Laxmi in marriage with the appellant which resulted in solemnization of marriage between deceased Laxmi and the appellant on 18.11.1992. PW-1 also stated in his complaint that at the time of her marriage, there were negotiations wherein the appellant and her parents had demanded a cash of Rs.5,000/- and certain gold ornaments. PW-1 could arrange Rs.2,000/- cash only at that time which was given by him in dowry at the time of marriage alongwith certain gold ornaments, clothes and other articles. However, since they were not able to pay the balance of Rs.3,000/-, Laxmi was harassed and tortured, mentally and physically, because of non-fulfillment of dowry demand and was asked repeatedly to bring the balance of Rs.3,000/- which was due towards dowry amount. Laxmi had intimated about this demand and harassment to her to PW-1 and PW-2 whenever she visited her parental house.

(3.) On the basis of the aforesaid complaint, a case was registered against the husband (appellant herein), father-in-law, mother-in-law and brother-in-law of the deceased Laxmi. No doubt, the initial complaint by Mariyappa (PW-1) was to the effect that the accused persons murdered Laxmi and then threw her into the well and also led the evidence of such crime to disappear by burning the dead body much prior to the approval of maternal uncle and parents of the deceased. However, after investigation, the chargesheet was filed only for offences punishable under Sections 498-A, 304-B, 201 and 176 of the Indian Penal Code (for short 'IPC') read with Sections 3, 4 and 6 (2) of the Dowry Prohibition Act. During trial, mother- in-law and father-in-law of the deceased passed away. Brother-in-law of the deceased, being a minor, was sent to Juvenile Offenders' Court. Thus, only the appellant was tried for the aforesaid change.