K R SOORACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave has been preferred by the appellant against the judgment and order of the High Court of Karnataka at bangalore dated 16th April, 1999 whereby the appellant has been found guilty of the offences under Section 498a of the Indian Penal Code (I. P. C. ) and Sections 3, 4 and 6 of the Dowry prohibition Act. He has been sentenced to undergo one year rigorous imprisonment on each count and to pay a fine of Rs. 10,000/- under the Dowry Prohibition Act. The sentences have been directed to run concurrently.

(2.) The brief facts of the case may be noticed :- the appellant along with his wife and son was put up for trial before the Sessions Judge, chikamagalur. They were charged under Sections 302/34, 201, 203, 498a and 304b, i. P. C. as also under Sections 3, 4 and 6 of the dowry Prohibition Act. The son of the appellant was accused No. 1 (hereinafter referred to as A-1) while his wife was accused No. 3 (hereinafter referred to as A-3).

(3.) The case of the prosecution is that A-1 was married to the deceased on 27.5.1990. On 4.10. 1990 her dead body was found near a river. The next morning at about 10. 00 A. M. A-1 lodged a report at the police station to the effect that on the earlier night the deceased had gone out of the house to clean utencils but did not return, and since it was raining, the search did not yield any result. In the morning they found her dead body near a river. On the basis of the report lodged by A-1, the police ought to have swung into action, but it appears from the judgments of the Courts below that the police did not act with promptitude as a result of which much of the evidence was lost. However the autopsy on the dead body of the deceased revealed the following injuries :-