KALLEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.539/2014 is filed by the appellants/accused Nos.1, 2 and 4 under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence passed by the Fast Track Court, Mandya (hereinafter referred to as 'Trial Court') in S.C.No.20/2005 for having convicted them for the offence punishable under Sections 498A and 304B of Indian Penal Code (IPC) and Sections 3 , 4 and 6 of Dowry Prohibition Act (for short 'DP Act').

(2.) The rank of the parties before the Trial Court is retained for the sake of convenience.

(3.) The case of the prosecution as per Ex.P1-complaint filed by PW.1 is that the marriage of accused No.1- Kallegowda was performed with Anitha (deceased) on 27.05.2002 at Muddalingana Koppalu as per the Hindu rites and customs. At the time of marriage, Rs.1.00 lakh by way of cash and gold ornaments weighing 100 grams along with clothes were given to the accused persons as dowry. After the marriage, Anitha started to reside in the house of the accused for six months. Thereafter, the accused started harassing Anitha by demanding dowry by abusing her in filthy language and also not providing food, clothing and sent back Anitha to her parents' house. At that time, her father PW.2-Jayarama gave Rs.25,000/- to accused No.1 and left Anitha in the house of the accused and advised them to lead a happy married life. About three months after the marriage, the parents of Anitha also deposited Rs.50,000/- in the Fixed Deposit in the joint name of accused No.1 and Anitha. The accused insisted Anitha to sign the Fixed Deposit Receipt to withdraw the same, as he wanted money. When she refused to do so, the accused harassed her and driven out Anitha from their house asking her to bring the Fixed Deposit Receipt. In this regard, a Panchayat was convened. The Panchayathdars advised the parents of Anitha to give the Fixed Deposit Receipt to the accused. The same was given to the accused. It is further alleged that a day prior to lodging of the complaint, one Ramakrishna of Kallinathapura village has informed PW.1-Malleshagowda, that his sister's daughter Anitha was missing from the house of the accused. Immediately, he has intimated his brother PW.2-Jayarama, the father of the deceased Anitha. Then they went to the house of the accused. At that time, nobody was there in the house of the accused. Therefore, they suspected that the accused might have done something to Anitha and then they went on searching for Anitha. On 29.10.2004, at 3.00 p.m., they found the dead body of Anitha in a stream (halla). Immediately, PW.1- Malleshagowda, the elder brother of PW.2 lodged the complaint to the jurisdictional Police. The jurisdictional Police registered the case against the accused persons for the aforesaid offences. The Taluka Executive Magistrate conducted the inquest panchanama on the dead body of Anitha. The body was subjected to Post-Mortem examination and the accused Nos.1 and 2 were arrested sent to judicial custody and the other accused obtained anticipatory bail. Subsequently, the CoD Police took up the further investigation and filed the charge sheet. After taking cognizance, the learned Magistrate committed the case to the Court of Sessions. Subsequently, the Trial Court secured the presence of accused Nos.1 to 6 and charges were framed against them. The Trial Court also framed additional charges for the offence punishable under Section 302 read with Section 34 of IPC. The accused denied all the charges and claimed to be tried.