VIJAY MOHAN SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.02.2013 passed by the High Court of Karnataka, Circuit Bench at Gulbarga in Criminal Appeal No. 402 of 2008, by which the High Court has allowed the said appeal preferred by the State of Karnataka and quashed and set aside the judgment and order of acquittal dated 20.12.2007 passed by the learned Presiding Officer, Fast Track Court-IV, Bidar (hereinafter referred to as the learned 'trial Court'), by which the learned trial Court acquitted original accused no. 1 (the appellant herein) for the offences punishable under Sections 302 read with 34, 498A, 304-B read with 34 of the IPC, and Sections 3,4 and 6 of the Dowry Prohibition Act, 1961, and consequently convicted original accused No. 1 for the offence punishable under Sections 302 of the IPC and sentenced him to undergo imprisonment for life and also convicted the appellant herein under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, 1961, original accused No. 1 has preferred the present appeal.

(2.) The prosecution case in nutshell is as under:

(3.) Feeling aggrieved and dissatisfied with the order of acquittal passed by the learned trial Court acquitting the accused for the offences punishable under Sections 302 read with 34, 498A, 304-B read with 34 of the IPC, and Sections 3,4 and 6 of the Dowry Prohibition Act, 1961, the State of Karnataka preferred appeal before the High Court of Karnataka, Circuit Bench at Gulbarga being Criminal Appeal No. 402/2008. On re-appreciation of the entire evidence on record and by giving cogent reasons in detail, by the impugned judgment and order, the High Court has set aside the order of acquittal passed by the learned trial Court so far as acquitting original accused No. 1 - husband of the deceased is concerned and has held him guilty for the offences punishable under Section 302, 498A of the IPC and Section 4 of the Dowry Prohibition Act, 1961. While convicting original accused No. 1, the High Court has sentenced original accused No. 1 to undergo imprisonment for life with fine of Rs. 10,000/-, and in default of payment of fine, to undergo further 5 months rigorous imprisonment for the offence punishable under Section 302 of the IPC. The High Court has also sentenced original accused No.1 to undergo two years imprisonment and fine of Rs. 5,000/-, and in default of payment of fine, to undergo three months rigorous imprisonment for the offence punishable under Section 498A of the IPC. The High Court has also sentenced original accused No.1 to undergo six months and fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for one month for the offence under Section 4 of the Dowry Prohibition Act. The High Court has further directed that all the sentences imposed shall run concurrently.