SUNKAPPA HANAMAPPA BIDARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dated 02.08.2011 passed in S.C. No.41 of 2009 by the V Additional Sessions Judge, Belgaum, convicting the appellant-accused for the offences under Section 498-A and 306 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) sentencing to undergo simple imprisonment for 2 years and to pay fine of Rs.5,000/- in default to undergo further simple imprisonment for 5 months for the offence under Section 498-A IPC and to undergo simple imprisonment for a period of 3 years for the offence punishable under Section 306 of IPC and to pay fine of Rs.10,000/- in default to undergo further simple imprisonment for 10 months.

(2.) The factual matrix of the case is that the PW- 1-Sri. Anantappa is the complainant and PW-6-Smt. Kamala is his wife and they have two sons and two daughters and of them, Smt. Geeta @ Shilpa was given in marriage to accused in the year 2001 and the marriage was performed by the complainant by spending Rs.3,00,000/-. The accused is working as Physical Director at Ramdurg in High School of Basaveshwar Vidya Vardhak Sangh and in Killa locality of Ramdurg, he had taken a house on rental basis wherein he was residing with his wife-Geeta @ Shilpa. After marriage, the accused was not leading proper marital life with his wife but demanding further amount from her parents' house and also illtreating and harassing her, as she had not begotten any child. These facts were being told to the complainant whenever Smt. Geeta visited Bagalkot and at that time, the complainant used to go to Ramdurg and advised the accused to treat his wife (Geeta) in proper manner and to lead peaceful life. But the said words fell on the deaf ears and he continued to ill-treat Geeta.

(3.) The said judgment of conviction and order of sentence has been challenged by the appellant-accused on the following grounds: