SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in S.C.No.68/2007 on the file of I Addl. District and Sessions Judge, Tumkur, has preferred this appeal challenging his conviction for the offence under Section 306 IPC. The court below has sentenced him to undergo rigorous imprisonment for a period of ten years and pay fine of Rs.1,00,000/- with a default sentence period of six months. Along with the appellant, his parents were also prosecuted for the offences under Section 3 and 4 of Dowry Prohibition Act, and Section 306 of IPC. The trial court acquitted the appellant s parents of the offences under Sections 3 and 4 of Dowry Prohibition Act and Section 306 of IPC. The appellant was also acquitted of the offence under Sections 3 and 4 of Dowry Prohibition Act. Now he has challenged only the judgment of his conviction under Section 306 of IPC.

(2.) The prosecution case in brief is that on 30.06.2006, PW-1 made a report to the police about the suicide committed by his daughter Roopashree. Ex.P.1 is the report given by him. He stated that on 30.06.2006 he had been to Tumkur for drawing his pension. At about 4.00 PM, Roopashree sent her mother Yellamma to bring curds from the house of a neighbour and then bolted the door of the house to set herself ablaze. According to PW-1, the reason for her daughter committing suicide was that her marriage was fixed with accused No.1 about nine months before, that at the time of engagement, the accused demanded dowry of Rs.1,85,000/- and that he gave Rs.35,000/- in advance. Sometime later PW-1 came to know that accused Nos. 2 and 3 were trying to perform the marriage of accused No.1 with another girl. On 30.06.2006 accused No.1 made a telephone call to Roopashree and told that he would not marry her. Thereafter she committed suicide.

(3.) The prosecution examined 14 witnesses and relied upon 18 documents as per Exs.P.1 to P.18 and 5 material objects, M.O.1 to 5 to establish its case. Assessing the evidence, the trial court came to conclusion that the prosecution failed to prove its case as regards the demand for and acceptance of dowry and that accused Nos.1 to 3 abetted the deceased to commit suicide. For convicting accused No.1 under Section 306 IPC, the trial court has believed the oral evidence of PWs1, 8 and 10 and the death note written by the deceased as per Ex.P.2.