SEETHARAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal is against the order of conviction and sentence passed by the Fast Track Court III, Mysore in SC 370/2000 on 28.7.2005 against the accused for the offences punishable under Sections 304B, 498A, IPC and Sections 3 & 4 of the Dowry Prohibition Act.

(2.) Deceased Girija is the wife of the 1st accused and the 2nd accused is her brother-in-law. The marriage of the deceased had taken place on 24.8.1997 with the 1st accused. As per the facts averred, at the time of marriage, accused had demanded Rs. 1 lac in cash and 120 grams of gold jewellary from the father of the deceased who is examined as PW 5. After marriage, the deceased was staying with the accused. The accused ill-treated and harassed her to bring more dowry. Being unable to tolerate the ill-treatment and cruelty, on the morning of 9.2.2000 between 9.40 and 10.00 a.m., the said Girija committed suicide in the house of the 1st accused situate at K R Nagar, 3rd Cross. On coming to know of the incident, the owner of the house - PW 10 intimated the KR Nagar Police as per Ex.P 11 and the same was registered as UDR/FIR at Ex.P22 by the ASI Further investigation was taken up by PW 17 - PSI. On the basis of the inquest report, he registered a case in Crime No. 26/2000 and submitted the FIR to the Magistrate as per Ex.P23. Further investigation was taken over by the Deputy Superintendent of Police, Mysore Rural Sub-Division and on 19.2.2000, he visited the spot and having conducted the mahazar, recorded the statement of several witnesses and after receiving the opinion of the Doctor and also the post mortem report of the deceased, after completion of the investigation, prepared charge-sheet. But, it was filed by his successor to office. After committal to the Sessions Court, matter was pending before the III Addl. Sessions Judge on such assignment made by the Prl. Sessions Judge, Mysore and later, it was assigned to the Fast Track Court III, Mysore. The Fast Track Judge framed charges against the accused for the above said offences. Since the accused pleaded not guilty and claimed to be tried, nineteen witnesses were examined and twenty six documents were got marked along with seven material objects. The accused were examined under Section 313, Code of Criminal Procedure Thereafter, the accused also filed separate statement with the list of documents and also lead evidence of DW1. After hearing both sides, the 1st accused was convicted for the offence punishable under Sections 498A and 304B, IPC and both the accused were convicted by the Fast Track Judge for the offences punishable under Sections 3 & 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 60,000/- each and default sentence of six months for the offence under Section 3 of the Dowry Prohibition Act; both the accused were sentenced for the offence under Section 4 of the Dowry Prohibition Act to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/- each and default sentence of two months. Further, the 1st accused was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 2,000/- and default sentence of three months for the offence under Section 498A, IPC and was also sentenced to undergo rigorous imprisonment for seven years for the offence under Section 304B, IPC. The sentences were ordered to run concurrently by also giving the benefit of set off. Out of the fine amount, Rs. 1 lac was ordered to be paid to PW 5 - father of the deceased, as compensation. However, the 2nd accused was acquitted for the offence punishable under Section 498A and 304B, IPC. Against this order, appeal has been preferred on various grounds.

(3.) Heard the counsel representing the parties.