ESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 10th August, 2011 passed by the High Court of Karnataka at Bangalore, whereby the High Court has dismissed Criminal Appeal No.1676 of 2007 filed by the appellant thereby affirming his conviction for offences punishable under Sections 302, 498A and 201 of the Indian Penal Code, 1860 and the varying sentences of imprisonment and fine awarded to him for the same.

(2.) The deceased-Latha and the appellant herein got married to each other on 20th March, 2003. The prosecution version is that the deceased-Latha and her husband the appellant herein lived happily for a few months after their marriage in March 2003 during which time Latha conceived and gave birth to a female child. The marital relationship, however, soured when the appellant developed illicit relations with one Sarpina @ Sarfunnisa arrayed as accused no.2 before the Trial Court. The deceased-Latha, but naturally took exception to this relationship and informed her parents about the same who had a panchayat convened in the village to resolve the matter. The panchayat, according to the prosecution, advised the appellant to end his relationship with Sarpina, his paramour, which the appellant agreed to do. That commitment was however observed but only in breach as the illicit relationship between the appellant and Sarpina continued resulting in frequent quarrels between the appellant and the deceased-Latha. The prosecution case is that although the parents of the deceased had given dowry articles to the deceased including a sum of rupees one lakh towards cash, the appellant was demanding more money for purchase of a site. In order to satisfy that demand, the parents of the deceased had mortgaged their land and paid a sum of Rs.50,000/- to the appellant. It is also alleged that the appellant was neglecting the deceased and was residing with Sarpina, accused no.2. The deceased was provoked by this conduct and is alleged to have gone to the house of Sarpina (A-2) to lodge her protest in an attempt to wean the appellant away from the illicit relationship. This provoked the appellant, who assaulted the deceased. The parents of the deceased had in that background taken the deceased away to her parental home with her minor child. The prosecution case is that a day prior to the incident the parents of the deceased brought the deceased-Latha back to her matrimonial home in village Lakya, but the appellant's cruel behaviour towards her continued unabated. On the fateful day, the deceased appears to have asked the appellant to pay her some money so that she could take her sick child to the doctor. The appellant is alleged to have asked her to come to the field, where the appellant was going for work to collect the money. According to the prosecution, Latha followed her husband to the field while her parents returned to their village, but only to receive by evening the sad news that their daughter was lying dead under a tamarind tree near the land of the appellant in his village. They rushed to the village and the place of occurrence only to find that the deceased had died of strangulation. The matter was, thereupon, reported to the police who registered a case, commenced and completed the investigation and filed a charge-sheet not only against the appellant whom the prosecution accused of committing offences punishable under Sections 498A, 302 and 201 IPC but even against the parents of the appellant and Sarpina, the alleged lady love of the appellant.

(3.) At the trial, the prosecution examined as many as 20 witnesses to prove the charges against the accused persons. The Trial Court, however, came to the conclusion that the prosecution had failed to prove its case against the accused persons except the appellant who was found guilty for offences punishable under Sections 498A, 302 and 201 IPC. He was accordingly sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/- under Section 302 IPC. The fine amount was directed to be paid to the grandparents of the child left behind by the deceased. He was also sentenced to undergo imprisonment for three years and to pay a fine of Rs.2,000/- under Section 498A IPC. In default, three months imprisonment was prescribed. For the offence punishable under Section 201 IPC, the appellant was sentenced to undergo imprisonment for three years and to pay a fine of Rs.2,000/-. In default of payment of fine, he was sentenced to undergo imprisonment for three months. All the sentences were directed to run concurrently.