SHYAMPRASAD BEKAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 15.10.2004 passed by the learned Sessions Judge, Udupi in S.C. No. 50/01 convicting the accused of the offence under Section 304B IPC and sentencing accused No. 1 to rigorous imprisonment for 10 years for the said offence and to pay a fine of Rs. 5,000/ - and further convicting accused No. 2 for the said offence and sentencing her to rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/ - and further convicting both the accused for the offence under Section 3 of the Dowry Prohibition Act, 1961 and sentencing both of them to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 2 lakhs each and further convicting them for offence under Sections 4 and 6 of the Dowry Prohibition Act and sentencing them to rigorous imprisonment. for six months and to pay a fine of Rs. 2,000/ - each with a direction that out of the fine amount, a sum of Rupees One lakh shall be paid to P.W. 1.

(2.) IT is the case of the prosecution that A1 being the husband and A2 being the mother -in -law of the deceased Geetha, at the time of marriage, the accused demanded a sum of Rupees five lakhs as dowry and 30 pawans of gold ornaments and thereby they are alleged to have committed an offence under Section 4 of the D.P. Act.

(3.) IT is also further alleged that on the demand of the accused, the father of the deceased was forced to give 15 pawans of gold ornaments to deceased Geetha and also two sovereign gold chain and thereby they are alleged to have committed an offence under Section 3 of D.P. Act read with Section 34 IPC.