RAJU PAWAR Vs. STATE OF RAJARAJESHWARINAGAR POLICE , BANGALORE

JUDGEMENT

(1.) This appeal is filed against the judgment and order of conviction passed by the XLV Addl. City Civil and Sessions Judge at Bengaluru in S.C.No.909/2007 dtd. 17/08/2011, for the offences punishable under Sec. 304B, 498A of IPC and Ss. 3 and 4 of the Dowry Prohibition Act.

(2.) Brief facts of the case are as under: That the marriage of deceased Geetha and the appellant was performed on 11/4/2004 at Shivaprabha Kalyana Mantapa, situated at West of Chord Road, Bangalore. As per the case of the prosecution, a sum of Rs.1,00,000.00 cash and gold ornaments were given as dowry at the time of marriage. After the marriage, the deceased Geetha and accused No.1 were residing in the house of accused No.2, who is the sister of accused No.1. There was constant quarrel and demand of dowry by all the members of the family i.e., accused No.1 and accused Nos.2 to 4. All the accused were demanding additional dowry and also demanding to sell the site belonging to the deceased. As she did not heed their words, they were harassing her and insulting her and not allowing her to live happily in the matrimonial house.

(3.) As there was a constant harassment and cruelty meted out to the deceased, panchayat was held and it was decided to make a separate house for deceased and Accused No.1. Accordingly, PW10 - father of the deceased arranged a separate house for his daughter and son-in-law at Papaiah Layout, situated at Rajarajeswarinagar. He paid advance of Rs.25,000.00. Both the accused No.1 and deceased started living there separately.