SHIVANAND MALLAPPA KOTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) .

(2.) IN the present appeal, challenge is to a judgment rendered by a Division Bench of the Karnataka High Court holding the appellant guilty of offences punishable under Section 498 -A of the INdian Penal Code, 1860 (in short the 'IPC'). The appellant faced trial along with two others, i.e. his mother and brother for offences punishable under Sections 302, 498 -A IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 (in short the 'D.P. Act'). The trial Court had acquitted the present appellant and his brother of the charges under Section 302 IPC. Latter is described as A -3 while former is referred to as A -2. Mother of the accused (hereinafter referred to as A -1) was separately convicted under Section 302 IPC. The State had also filed an appeal questioning the acquittal, as noted above.

(3.) THE High Court found that the evidence was insufficient to substantiate the allegations levelled against A -1. It also noted that there was no evidence to show any demand of dowry. THErefore, it directed acquittal of A -1 so far as charges relating to Section 302 IPC and Sections 3, 4 and 6 of the D.P. Act are concerned, but placing reliance on the letters, Ex.P2 to P -4, held the appellant guilty of offences punishable under Section 498 -A IPC. Interestingly, the conviction of A -1 and A -2 under Section 498 -A was held to be not sustainable by the High Court.