C B MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted Accused No.1 in S.C. No.5/2000 before the Fast Track Court, Kadur, is directed against the judgment of conviction and order of sentence dated 06.10.2005 passed in the said case convicting him for the offences punishable under Sections 498-A and 304-B Penal Code and Sec. 4 of the Dowry Prohibition Act (for short, 'D.P.Act') and sentencing him to undergo Rigorous Imprisonment for a maximum period of seven years and also to pay fine.

(2.) One Latha, daughter of PW.2-A.C. Shivamurthappa and PW.4- Chandramma, is the deceased in this case. Her marriage with Appellant/Accused No.1 was solemnized on 25.04.1999. After the marriage, she joined her husband in the matrimonial home situated in Chikkenahalli Village, Kadur Taluk and she stayed there for about five days and thereafter, she came back to the parental home in Annegere, where she stayed for about 31/2 months. On 19.08.1999, the deceased came back to the matrimonial home and she was found dead in the well situated by the side of the matrimonial home on 25.08.1999. On receipt of the said information, PWs.2, 4 and others came to Chikkenahalli Village, saw the dead body of the deceased and later PW.2, father of the deceased, lodged a report before the jurisdictional police as per Ex.P.1 inter alia alleging that at the time of the marriage, he had paid dowry of Rs.65,000.00 in cash apart from gold ornaments to the bridegroom and during the marriage negotiations, Accused No.1 demanded for a motor cycle, however, he had promised to give the same whenever he was financially capable of providing the same; that after the marriage, the accused coerced the deceased to bring further money as dowry and also the motor cycle and when his unlawful demands were not met, he subjected the deceased to mental and physical cruelty and unable to bear the said cruelty and harassment, she committed suicide by jumping in to the well. On the basis of the said report, PW.7-N.B. Thammegowda, PSI, registered the case in Crime No.31/1999 and submitted the FIR to the jurisdictional Magistrate as per Ex.P.4. Thereafter, on the request of the Investigating Officer, PW.15-Mohammed Saifulla, the Taluk Executive Magistrate, conducted inquest over the dead body and submitted the inquest report as per Ex.P.6. Thereafter, the dead body was subjected to postmortem examination. PW.12-Dr. Sudha, who conducted post-mortem examination, submitted the post-mortem report as per Ex.P9. During post-mortem examination, viscera was preserved and after the receipt of the chemical examination report, PW.12 furnished her final opinion that the death was due to asphyxia as a result of drowning.

(3.) During investigation, the Investigating Officer recorded the statements of the witnesses, collected documents, apprehended the appellant/accused No.1 as well as his father, arraigned as Accused No.2 and after completion of the investigation, laid the charge sheet for the offences punishable under Sections 498-A, 304-B and 201 of Penal Code and Sections 3, 4 & 6 of D.P. Act..