SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals are filed challenging the judgment, of conviction dated 20.10.2003 passed by the 1st Addl. Sessions Judge at Mysore in S.C. No. 70/96. The parties are referred to their rank before the Trial Court.

(2.) SIX persons who are accused Nos. 1 to 6 before the Trial Court were tried for offences under Sections 498A and 304B IPC and Sections 4 and 6 of the Dowry Prohibition Act, 1961 (for short D.P. Act) on the allegation that A1 Shivarma having married Bhagyajyothi the deceased, on 19.8.1995 at Sathegala village and other accused being the close relatives of A1 demanded dowry of Rs. 25,000/ - and gold ornaments earlier to the marriage, thereby they are alleged to have committed an offence under Section 4 of the D.P. Act. It is further alleged that on 19.8.1995 A1 married Bhagyajyothi in the same village and thereafter, he has treated Bhagyajyothi with cruelty in order to meet the demand of dowry thereby he is alleged to have committed an offence under Section 498A IPC. It is further alleged that in view of ill -treatment meted out to the deceased Bhagyajyothi between 19.8.1995 and 24.9.1995 in connection with the demand of dowry, the said Bhagyajyothi committed suicide on 25.9.1995 by hanging at the residence of A1 thereby all the accused are alleged to have committed an offence under Section 304B IPC.

(3.) THE learned Sessions Judge was pleased to sentence A1 to Rigorous Imprisonment for one year for the offence under Section 498A I.P.C. and to pay a fine of Rs. 2,000/ - in default to undergo S.I. for one month and to Rigorous Imprisonment for 7 years for the offence under Section 304B IPC and also to undergo Simple Imprisonment for six months and to pay a fine of Rs. 500/ - for the offence under Section 4 of the D.P. Act in default to undergo Simple Imprisonment for 10 days.