SATHISH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals arise out of the judgment dated 28.10.2004 passed by the Presiding Officer, Fast Track Court 5, Bangalore City in S.C. No. 591/2001 in which, the appellant in Crl. A. No. 1597/2004 has been convicted for the offence punishable under Sections 498A and 304B IPC and Sections 3, 4 and 6 of Dowry Prohibition Act, 1961 and sentenced to undergo R.I. for one year and to pay fine of Rs. 2,000/ - for the offence punishable under Section 498A and further sentenced to undergo R.I. for 7 years for the offence punishable under Section 304B IPC, sentenced for six months R.I. and fine of Rs. 1,65,000/ - for the offence punishable under Section 3 of D.P. Act and sentenced for three months imprisonment for the offence punishable under Section 4 of D.P. Act and sentenced to undergo imprisonment for three months and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 6 D.P. Act and the appellant in Crl. A. No. 1607/2004 is convicted for the offence punishable under Section 3 of D.P. Act and sentenced to undergo R.I. for three months and pay fine of Rs. 10,000/ - for the said offence and she is further convicted for the offence punishable under Section 4 of D.P. Act and sentenced to imprisonment for six months and to pay a fine of Rs. 2,000/ - for the said offence and also convicted for offence punishable under Section 6 of D.P. Act and sentenced to imprisonment for a period of 3 months and pay a fine of Rs. 1,000/ - with default clauses for non -payment of fines.

(2.) THE case of the prosecution is that the deceased Bhagya Lakshmi was married to the accused Sathish Kumar on 10.5.2000 in Bangalore and at the time of marriage it is alleged that the accused No. 1 and his relatives, namely, A2 mother, A3 and A4 sisters of A1 and A5 husband of A4 have demanded and accepted as dowry of Rs. 1,25,000/ -, 20 days prior to the date of marriage and thereafter, they have received Rs. 10,000/ - towards clothes, Rs. 25,000/ - towards silk sarees and also two kgs. of silver, thereby, they are alleged to have committed an offence punishable under Section 3 of D.P. Act. It is further alleged that after the marriage accused were ill -treating the deceased Bhagya Lakshmi physically and mentally and they had accepted Rs. 20,000/ - each on two occasions and thereafter, about 20 days prior to the death, the accused had demanded a sum of Rs. 1,00,000/ - from the parents of the deceased towards taking the house on lease which made the mother of the deceased to promise to give a sum of Rs. 50,000/ - and thereby, they are alleged to have committed an offence punishable under Section 4 of D.P. Act. It is further charged against the accused that being the relatives of the deceased Bhagya Lakshmi, after the death of the deceased, the accused have not given any account of the said dowry amount nor maintained any account, thereby, they are alleged to have committed an offence punishable under Section 6 of D.P. Act. It is further charged against the accused No. 1, that in order to coerce deceased Bhagya Lakshmi to bring the money from the parents house towards dowry, they have meted out physical and mental ill -treatment to her, thereby, they are alleged to have committed an offence punishable under Section 498A read with 34 IPC. It is further charged against the accused persons that accused No. 1 being the husband and A2 to A5 being the relatives of Al, being unable to meet the unlawful demands of additional money towards dowry, the deceased had committed suicide on 11.2.2001, in the house of accused No. 1 by pouring kerosene on herself and setting fire to herself, thereby, they are alleged to have committed offence punishable under Section 304B read with 34 IPC. The accused are alternatively charged for the offence punishable under Section 306 read with 34 IPC.

(3.) THE defence of the accused was one of the total denial and it is their case, that the deceased was suffering from epilepsy and was not well even on the date of the marriage and suppressing her illness, she was given in marriage to accused No. 1. It is further case of the defence that the deceased had attempted to commit suicide on an earlier occasion and had actually committed suicide being unable to tolerate the illness she was suffering from. They have got examined DWs. 1 to 3 as defence witnesses.