MAHALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by one Mahalingappa / Accused No.1 in S.C. No. 136/2008, challenging the judgment of conviction and order of sentence dated 26.10.2010, passed by the Presiding Officer, Fast Track Court - I, Tumkur, convicting the accused No.1-appellant herein for offences punishable under Sections 498-A and 304B of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act. Thereby Accused No.1 was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/- for the offence punishable under Section 498A IPC and in default, to undergo simple imprisonment for a period of six months; to undergo simple imprisonment for a period of seven years for the offence punishable under Section 304B IPC; further to undergo simple imprisonment for a period of five years and to pay a fine of Rs.15,000/- for the offence punishable under Section 3 of the DP Act and in default of payment of fine, to undergo simple imprisonment for a period of one year; further to undergo simple imprisonment for six months and to pay fine of Rs.5,000/- for the offence punishable under Section 4 of the DP Act and in default to undergo simple imprisonment for a period of six months; and to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/- for the offence punishable under Section 6 of the DP Act and in default to undergo simple imprisonment for a period of six months. All the sentences were to run concurrently. However, Accused No.2 was acquitted of all the offences.

(2.) The factual matrix of the appeal as per the case put forth by the prosecution, is as follows:-

(3.) Heard Shri R. Srinivasa Gowda, learned counsel appointed as Amicus Curiae for the appellant - accused and Shri Diwakar Maddur, learned Government Pleader for the State and perused the impugned judgment as well as the material on record.