SEGAJI BHIMARAYA @ BHIMASHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the Judgment of conviction and sentence passed by the learned Prl. Sessions Judge, at Raichur in S.C.No.113/2011 dated 05.10.2012 convicting accused No.1 Segaji Bhimaraya @ Bhimashanker s/o Annaraya and accused No.2 Smt. Segaji Mahadevi w/o Annaraya for the offences punishable under Sections 498A, 324, 307 and 355 read with Section 34 of Indian Penal Code and also under Sections 3 and 4 of Dowry Prohibition Act. The Trial Court has sentenced them to undergo simple imprisonment for two years for the offence punishable under Section 498A of Indian Penal Code each, further, to undergo simple imprisonment for two years for the offence punishable under Section 324 of Indian Penal Code each, further to undergo simple imprisonment for five years for the offence punishable under Section 307 of Indian Penal Code each, further to undergo simple imprisonment for one year for the offence punishable under Section 355 of Indian Penal Code each, further, to undergo simple imprisonment for five years for the offence punishable under Section 3 of Dowry Prohibition Act and to pay a fine of Rs.15,000/- each and in default of payment thereof, to undergo further simple imprisonment for one year each, further to undergo simple imprisonment for one year for the offence punishable under Section 4 of Dowry Prohibition Act and to pay a fine of Rs.5,000/- each and in default of payment thereof, to undergo further simple imprisonment six months each. Ordered that all these sentences run concurrently.

(2.) The brief case of the prosecution is that, appellant No.1 is husband of complainant i.e., PW.14- Basamma and appellant No.2 is mother-in-law of the complainant. The marriage of appellant No.1 was performed with PW.1-Basamma on 14.03.2004. As per marriage talks held during engagement, at the time of marriage, parents of the complainant have given Rs.11,000/- cash and 03 tolas gold as dowry to the appellants. After the marriage, PW.14-Basamma came along with her husband and resided at Yadlapur village Tq: and Dist: Raichur in a rented house. They lived happily for 02 years. Thereafter, her husband daily used to take alcohol and used to assault her. Accused No.1 started ill-treating her stating that she must bring the amount from her parents' house. Without tolerating the said ill-treatment she has brought Rs.2,000/- and Rs.3,000/- on 3-4 times from her parents house. Whenever she has brought money, they looked after her well. She contended that her mother-in-law also ill- treated her to bring amount. It is further case of the prosecution that these appellants ill-treated her and abused her by demanding dowry amount. It is case of the prosecution as alleged in FIR that on 05.06.2010 at 11.00 p.m. when she was in the house, her husband came and assaulted her with shoes, then she became unconscious. Appellant No.2 i.e., her mother-in-law placed a hot iron rod singe on the hand of her left forearm. When she got consciousness again her husband and mother-in-law try to strangulate her neck with coir rope and tried to kill her. She screamed for help, at that time Shantabai and Vijayamma came there and rescued her. Thereafter, Amburaya-PW.13 brother of her husband has informed the same to her parents. Her father PW-15-Chandrashekhar came on the next day morning at 03.00 a.m. She informed them about the incident. Then she was taken to Kalaburagi Government Hospital. She was ill-treated and assaulted by these appellants for bringing dowry amount. So, she has filed complaint as per Ex.P.15 before Shaktinagar Police Station, Kalaburagi.

(3.) The Head Constable No.43 - B.S.Anilkumar brought the said complaint as per Ex.P.15 on 08.06.2010 from Hospital and A.S.I-PW.19-Shalam Beg who was Station House Officer, has received the said complaint. On the basis of the same the Station House Officer registered a case in Crime No.68/2010 for the offences punishable under Sections 498A , 324 , 307 and 355 read with Section 34 of Indian Penal Code and also under Sections 3 and 4 of Dowry Prohibition Act against these accused/appellants. The FIR was sent to the Court as per Ex.P.18. Then on 10.06.2010 he visited the Government Hospital, Kalaburagi and recorded further statement of the PW.14-Basamma. He has also recorded the statement of other witnesses. Then he has drawn the scene of panchanama as per Ex.P.19 in the presence of panchas.