SIDDU @ SIDDAPPA S/O. NAGAPPA KOLI @ DUDHANI Vs. THE STATE OF KARNATAKA (THROUGH DEVAL GHANAGAPUR POLICE STATION) REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, CIRCUIT BENCH, GULBARGA

JUDGEMENT

(1.) PETITIONER is accused in Crime No. 44/2012 of Deval Ghanagapur Police Station. Initially the crime was registered for the offences punishable under Sections 498(A), 307, 504 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. After the death of the victim Basamma the offence under Section 304(B) of IPC is added. The case of the prosecution in brief is that there was a demand of dowry prior to the marriage between the deceased Basamma and the petitioner herein and that it was agreed by the parents of Basamma that an amount of Rs. 50,000/ - and 5 tolas of gold will be given to the accused as dowry. The marriage was held in the month of May, 2011. At the time of marriage the amount of Rs. 40,000/ - with 5 tolas of gold was given by the parents of the deceased to the accused. However, the balance of Rs. 10,000/ - was not given. For the said reason harassment of the victim continued. Ultimately one week back prior to the incident it is stated that complainant being the father of the deceased gave Rs. 10,000/ - in the hands of the victim and sent her to the house of the accused. On 04.05.2012, Smt. Basamma was set on fire after pouring kerosene by the accused. After four days i.e. on 08.05.2012 the injured succumbed to the burn injuries.

(2.) SRI . Ishwar Raj S. Chowdapur, learned Advocate for the petitioner submits that the offence may not fall under Section 304(B) of IPC at all, inasmuch as there is no demand of dowry, in view of the fact that entire amount of Rs. 50,000/ - was allegedly paid to the petitioner. Such an argument cannot be accepted at this stage having regard to the seriousness of the offence and no leniency can be shown in favour of the petitioner.