MOOSA IBRAHIM GOREKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Additional State Public Prosecutor.

(2.) The appellants are the accused, who have been convicted for offences punishable under Sections 498A, 306 and 304B of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity) and Sec. 4 of the Dowry Prohibition Act, 1961 (Hereinafter referred to as the 'DP Act', for brevity).

(3.) The brief facts of the case are as follows:- According to the complaint of one Appalalbaig Subanbaig Mulla, a resident of Murgod, before the Mahila Police Station, Belgaum, to the effect that his daughter Nasimabi, was married to accused no.1 Moosa Ibrahim Gorekhan, who along with accused nos.2,3 and 4, namely, his father, Ibrahim Meerasab Gorekhan, his mother, Zahirabi Ibrahim Gorekhan, and his sister, Basirun Rajak @ Raja Vijapusre, had subjected Nasimabi, to cruelty and harassment for additional dowry. The relentless harassment and cruelty had driven Nasimabi to commit suicide by consumption of poison. It was the complainant's allegation that his daughter had died within 7 years from the date of her marriage with accused no.1 and it would be a dowry death punishable under Sec. 304B of the IPC. It was further alleged that even at the time of the marriage, the accused had demanded and accepted cash and other gold ornaments towards dowry and it is after the marriage that there was demand for additional dowry and even after the death of Nasimabi, the accused had failed to return cash and other articles received by way of dowry and hence had committed an offence punishable under Sec. 4 of the DP Act.