SRINIVASAMURTHY AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by Accused No.1 in S.C. No.11/2003 before the Fast Track Court-II, Bangalore Rural District, Bangalore, is directed against the judgment of conviction and order of sentence dated 11.02.2005 passed in the said case convicting him for the offence punishable under Sec. 304 Part-II r/w. 201 of Penal Code and sentencing him to undergo R.I. for a period of 5 years and to pay fine of Rs.15,000.00 for the offence punishable under Sec. 304 Part-II of Penal Code and to undergo R.I. for one year and to pay fine of Rs. 2,000.00 for the offence punishable under Sec. 201 of IPC.

(2.) The appellant-Accused No.1 along with three other accused persons arraigned as Accused Nos. 2 to 4, were chargesheeted by the Police Inspector, Anti- Dowry Cell, COD, Bangalore, for the offences punishable under Sections 498-A, 304-B and 302 r/w. 34 of Penal Code and also under (for short, 'D.P. Act').

(3.) The deceased in the case is Smt. Nagarathnamma, wife of appellant. The marriage of the deceased with the appellant was solemnized on 25.04.1998. After the marriage, she was living with appellant in a rented house situated in 7th Cross, Shanthinagar, Doddaballapura. She died on 24.11.1998 in a suspicious circumstance. In respect of her death, PW.1-Mutturayappa, father of the deceased, lodged a report as per Ex.P1 before the jurisdictional police, based on which, the case initially for the offence punishable under Sec. 304-B of Penal Code came to be registered and Investigation was taken-up. During Investigation, the Taluka Executive Magistrate held inquest over the dead body and thereafter, the dead body was subjected to post-mortem examination.