RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the convicted Accused No. 1 is directed against the judgment of conviction and order of sentence dated 19.10.2005 passed by the Presiding Officer, Fast Track Court -V, Bangalore City, in S.C. No. 559/2004 convicting him for the offences punishable under Sections 498A and 304B of IPC and sentencing him to undergo imprisonment for a period of seven years and to pay fine of Rs. 25,000/ -.

(2.) THE deceased in this case is one Shashikala, daughter of P.W. 1 -Nagaraju and P.W. 2 -Shivamma, who are residents of Vrushabhavathi Nagar, Bidadi Hobli, Ramanagara Taluk. The marriage of the deceased Shashikala with appellant/Accused No. 1 was solemnized on 10.3.2002. After the marriage, the deceased joined her husband and started residing with him in the matrimonial home at No. 3/1, 8th Cross, Ganapathinagar, Hosakerehalli Main, Mysore Road, Bangalore. From out of the wed -lock,3 the deceased gave birth to a female child about one year two months after the marriage. The said Shashikala while staying in the matrimonial home, committed suicide by hanging on 17.4.2004. On receipt of information, P.Ws. 1 and 2 and others came to the matrimonial home of the deceased, saw the deceased lying dead and thereafter P.W. 1 lodged the FIR to the police about the death of his daughter inter alia alleging that during the marriage negotiations, the accused persons had demanded dowry and accepted dowry of Rs. 50,000/ - in cash and gold ornaments worth about Rs. 80,000/ - and not satisfied with the said dowry, after the marriage, the appellant/accused coerced the deceased to bring further sum of Rs. 50,000/ - for buying a motor cycle and also to take another house on mortgage/lease and since his unlawful demand was not complied with, she was subjected to cruelty and harassment, and unable to bear the said cruelty and harassment, she committed suicide by hanging. On the basis of the said report of P.W. 1, the case in Crime No. 195/2004 came to be registered by the jurisdictional police for the offences punishable under Sections. 498 -A and 304B of IPC against the husband, mother -in -law and brother -in -law of the deceased.

(3.) THE accused persons appeared before the learned Sessions Judge and pleaded not guilty for the charges levelled against them. The prosecution in order to bring home the guilt of the accused persons, examined P.Ws. 1 to 18 and relied on documentary evidence marked as Exs.P1 to P18 and MOs. 1 to 12. During their examination under Section 313 of Cr.P.C., the accused persons denied all the incriminating circumstances appearing against them in the evidence of the prosecution witnesses. However, they did not choose to lead any defence evidence. The defence of the accused was one of total denial and that of false implication.