SUNANDAMMA Vs. STATE

JUDGEMENT

(1.) In this petition, the petitioner is seeking to set-aside the order dated 21.11.2019 in S.C.No.70/2018 passed by the I Addl.District Judge at Davanagere and discharge the petitioner for the offence punishable under Sections 498- A, 304-B, 306 r/w Section 34 of IPC beside Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) Heard Sri S.G.Rajendra Reddy, learned counsel for the petitioner and learned HCGP for Respondent State who are present before the Court. Perused the records.

(3.) It is transpired in the complaint filed by one Ramanagowda before the Malebennur Police Station, Davanagere District alleging that he had one son and two daughters. That his elder daughter namely Yashoda was given in marriage to Accused No.1 Sachin of Chitradurga. During her marriage, her parents had given dowry in terms of 8 tolas of gold and household utensils. Subsequent to the marriage with Sachin, they lead happy marital life. Petitioner/Accused No.2 Sunandamma is none other than the mother of Accused No.1 Sachin. That about two months ago they used to cause some harassment to the deceased Yashoda by insisting her to get a sum of Rs.1,00,000/- from her parents house for doing some business. The same was informed to the complainant Ramanagouda who is her father and also to her mother. Subsequent to getting information about such demand made by accused No.1 Sachin and so also, his parents, the parents of deceased Yashoda had been to the house of her husband Sachin and in order to advise to her daughter. It is alleged that accused No.1 Sachin had some illicit relationship with accused No.3 Pavitra which was causing some physical as well as mental harassment to her. This kind of illicit relationship developed and continued by accused No.1 due to which, deceased Yashoda had suffered with mental harassment in the hands of her husband and so also his family member i.e., Accused No.2. However, Accused No.2 Sunandamma also demanded Rs.1,00,000/- from her parents for the purpose of doing some sort of business and causing some mental harassment to her. Due to that harassment meted out by the deceased in the hands of her husband and so also, the demand made by her mother-in-law who is arraigned as Accused No.2, deceased Yashoda committed suicide by hanging within a span of seven years from the date of marriage. In pursuance of the said act of the accused on filing of a complaint by the complainant, the case in Crime No.156/2017 came to be registered. Subsequently, the IO took up the case for investigation and thoroughly investigated the case by recording the statement of witnesses and conducted mahazar in the presence of panch witnesses and thereafter laid the charge sheet against the accused persons in C.C.No.237/2018 for the offence punishable under Section 304B, 498A, 306 r/w 34 of IPC beside Sections 3 and 4 of the Dowry Prohibition Act, 1961.