STATE BY KAMAKSHIPALYA POLICE STATION, BANGALORE Vs. PAPAMMA

JUDGEMENT

(1.) Criminal Appeal No.496/2014 is filed by the State and Criminal Appeal No.977/2013 is filed by the accused No.1 against the judgment of conviction and order of sentence dated 16.09.2013 made in S.C.No.907/2011 on the file of the V Additional City Civil and Sessions Judge, Bengaluru City, convicting accused No.1 and acquitting accused Nos.2 to 4 for the offences punishable under Sections 498A and 304B r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. I. FACTS OF THE CASE

(2.) It is the case of the prosecution that the complainant-Krishnanaik-P.W.1 and Devibai-P.W.2 are the parents and Narasimha Naik-P.W.3 is the elder brother of deceased Netravathi, wife of accused No.1. The marriage of the accused No.1-B.K.Venkatesha with the deceased-Netravathi was performed on 02.03.2008 and the marriage talks were held in the house of brother of the deceased and the accused persons told that accused No.1 is working in garments and demanded dowry of Rs.2 lakhs apart from gold ornaments, house hold articles and marriage expenses. The parents of the deceased negotiated to pay dowry of Rs.1 lakh apart from golden ring of 8.5 grams, neck chain of 16 grams, to the bride groom and another golden necklace, chain, ring, pair of leg chain, two pairs of ear studs and hangings to the bride. The marriage was performed in Maruthi Kalyana Mantapa, Kanakapura, as per the customs prevailing in both the communities. After the marriage, deceased-Netravathi was residing with her husband-accused No.1, mother-in-law/accused No.2 in House No.15, Near Gramadevate temple road, Adugodi, Bengaluru. Subsequently, they shifted the house to the first floor of the house of C.W.6-Basavaraju at 2nd Main, Sunkadakatte. During her stay with accused Nos.1 to 4, Netravathi was subjected to cruelty by the accused persons for their illegal demands of more dowry, house site and other articles and when she refused to putforth the said demands before her parents, the accused persons ill-treated her and abused in indecent words and accused No.1 assaulted her like anything in intoxication and made her to starve and suffer mental agony. Netravathi used to inform all those illtreatments to her parents over phone and they used to console her. Inspite of panchayaths conducted on both side, the accused persons did not yield to the advise and Netravathi being fed up with ill-treatment, on 21.11.2010 at about 1.30 pm, hanged herself to the ceiling fan of the house with a plastic rope and committed suicide and thereby, accused persons committed offences punishable under Sections 304B and 498A r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) Based on the complaint filed by P.W.1, the jurisdictional police registered a case in Crime No.747/2010 against the accused persons for the aforesaid offences. The Investigating Officer, after completion of the investigation, filed the charge sheet against the accused persons. The matter was committed to the Sessions Court. The learned Sessions Judge framed common charges against all the accused persons who pleaded not guilty and claimed to be tried.