MALLIKARJUN Vs. STATE THROUGH MADBOOL POLICE STATION

JUDGEMENT

(1.) THIS appeal is filed by the convicted accused. The appellant is convicted for the offences punishable under Sections 498-A, 304-B of IPC r/w. Sections 3, 4 and 6 of Dowry Prohibition Act. He is sentenced to undergo imprisonment for eight years.

(2.) THE case of the prosecution in brief is that the appellant is the husband of the deceased Sridevi @ Srilatha; PWs.1 and 2 are the parents of the deceased; PW.3 is the sister of the deceased and PW.4 is the brother of the deceased; Marriage between the deceased and the appellant was performed on 4.5.2007; prior to marriage, the accused demanded a sum of Rs.1,50,000.00 in the form of cash and 5 tholas of gold; however, it was decided that the accused should be given cash of Rs.51,000.00 and 3 1/2 tholas of gold as dowry. In addition to that, other household articles worth Rs.45,000.00 were also given to the accused at the time of marriage; after some time of the marriage, the harassment against the deceased started; the accused was demanding the deceased for bringing additional sum of Rs.50,000.00 as dowry; so also the accused was used to demand gold chain, etc.; because of financial problems, the said wish of the accused was not fulfilled by the parents of the deceased; on 7.9.2007 when the deceased Sridevi went to the house of Mahananda, the friend of the deceased, in connection with religious function, she was in dull mood; on being enquired, the deceased said that on the previous night, i.e., on 6.9.2007, the accused assaulted and tortured her saying that she should bring additional amount of Rs.50,000.00. Being desperate of ill-treatment meted out by the accused, the deceased committed suicide by hanging herself with a rope.

(3.) PW .1 is the father of the deceased; PW.2 is the mother of the deceased; PWs.3 and 4 are the sister and brother of the deceased respectively; PW.5 is the villager of the parents of the deceased; PW.6 is the neighbour of the parents of the deceased; PWs.5 and 6 deposed about marriage talks, demand of dowry by the accused and payment of dowry made by the parents of the deceased to the accused.