U SUBBA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed against the judgment of conviction and sentence passed by the II Addl. Sessions Judge, Mangalore in S. C. No. 179/ 1996. The accused persons were charge-sheeted for committing offences punishable Under Sections 498-A and 306 of I. P. C. Accused 1, 2 and 4 are acquitted for the charge Under Sections 498-A and 306 of I. P. C. But, convicted for committing offences punishable Under Section 498-A of I. P. C. and sentenced to undergo S. I. for a period of three months and to pay a fine of Rs. 2,000/- each. In default, S. I for a period of 15 days. Being aggrieved the present appeal is filed.

(2.) ACCORDING to the prosecution case, one Smt. Mahalakshmi is the deceased, wife of accused no. 3, who is acquitted. The appellants 1 and 2 are the parents of accused No. 3. The third appellant is the daughter of appellants 1 and 2. The marriage of the deceased with third accused took place on 1. 4. 1994 at Kalasa. There is no allegation of payment of dowry at the time of marriage. But, however, after the marriage it is said that the accused persons were harassing and ill-treating the deceased. Therefore, she gets frustrated and commits suicide by jumping into a well. Based on the evidence adduced by the prosecution, the Trial Court has rendered the aforesaid conviction and sentence in respect of the appellants.

(3.) P. W. 1 is the brother of the deceased. P. W. 2 is the another brother of the deceased. P. W. 3 is the mother of the deceased. P. W. 4 is the wife of P. W. 1. P. W. 5 is an inquest and punch witness. P. W. 6 is a Priest to perform the marriage. P. W. 7 is the Doctor, who has conducted the post mortem. P. W. 8 is the Village Accountant, who furnished land record extract. P. W. 9 is a police constable, who has submitted the FIR to Court. P. W. 10 is the PSI-cum-I. O, who has conducted the investigation and filed the charge-sheet.