CHANDRA @ CHANDRASHEKARA, S/O. NAGARAJ Vs. THE STATE BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Sections 498 -A and 306 I.P.C. on a trial held by the Fast Track Court, Mysore. The facts relevant for the purpose of this appeal are as under: The appellant who is the third accused before the Trial Court married Radha (the deceased) on 30 -03 -2000. After the marriage, she went to the house of the accused to lead marital life. The appellant herein was an autorickshaw driver and it is stated that he was in the habit of consuming liquor and abusing and assaulting his wife now and then and it is on 27 -07 -2000, i.e., within four months of the marriage, Radha committed suicide by hanging herself in the house of the appellant. Her death information was sent to her parents PWs.1 and 2 and the Police registered UDR No. 36/2000 and PW. 11 the Taluka Executive Magistrate held the inquest proceedings as per Ex.P.7 and during the course of the enquiry, recorded the statements of PWs.1 and 2. and it revealed that the deceased was subjected to cruelty and harassment by her husband, the appellant herein, mother -in -law (the first accused), the brother -in -law (the second accused) and it is in these circumstances that a crime came to be registered against the appellant and two other accused for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act and Sections 493 -A, 306 and 304 -B read with 34 I.P.C. During the course of the investigation, the statements of the witnesses were recorded, the spot mahazar Ex.P.3 was held, the dead body was sent for post -mortem examination and after collecting the relevant records, a chargesheet came to be filed against the appellant and two other accused for the aforesaid offences.

(2.) DURING the trial, the prosecution examined 14 witnesses and in their evidence got marked the documents Exs.P. 1 to P. 13 and MO. 1. The statement, of the accused were recorded under Section 313 Cr.P.C. They took the defense of total denial. They have not lead any defense evidence, but got marked, the documents Exs.D. 1 and D.2 the contradictions in the statement of PW. 8. The Trial Court after hearing the parties and on appreciation of the material on record acquitted accused 1 and 2 and convicted accused No. 3 (the appellant herein) for the offence punishable under Section 498 -A and 306 I.P.C. Aggrieved by the conviction and the sentence, the present appeal has been filed.

(3.) THE appellant has been acquitted of the charges both under Sections 3 and 4 of the Dowry Prohibition Act and also Section 304 -6 I.P.C. Therefore, the question that arises for consideration would be with regard to subjecting the deceased to cruelty and harassment as envisaged under Section 498 -A I.P.C. and whether there was any instigation by the appellant to the deceased to commit suicide '?