ANWARBEIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants (hereinafter referred to as 'accused Nos. 2 and 4') were tried along with accused Nos. 1 and 3 for offences punishable under Sections 498-A, 304-B r/w 34 IPC and also for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act. The learned Sessions Judge acquitted accused 1 and 3. The learned Sessions Judge convicted accused 2 for offences punishable under section 3 & 4 of Dowry Prohibition Act and accused 4 for offences punishable under section 498A and 304B IPC.

(2.) It is the case of the prosecution that accused No.1 is the husband of accused No.4, accused No.3 (husband of deceased Reshma) is the son of accused Nos. 1 and 4. Accused No.2 is the maternal uncle of accused No.3. The marriage of accused No.3 and deceased Reshma was performed on 11.07.1999. It is alleged by the prosecution that at the time of marriage, accused had demanded and accepted dowry from the parents of the deceased. After the marriage, deceased was living in the house of accused nos. 1, 3 and 4 in Mavathur village, K.R.Nagar taluk. Even after the marriage, accused was harassing and ill treating the deceased in connection with dowry demand and accused was demanding the deceased to bring a scooter and gold pendant. Accused No.4 was abusing and ill treating the deceased. The deceased had conceived and she was carrying pregnancy. Accused No.4 used to assassinate the character of deceased by saying that the child (fetus), the deceased was carrying had not been conceived through accused no.3. In other words, the deceased had conceived the child (fetus) through some one else. The deceased not able to bear the cruelty meted out to her, on 24.04.2000 at about 1.30 p.m., poured kerosene set herself on fire. She was shifted to Government Hospital at K.R.Nagar. After preliminary treatment, she was admitted in K.R.Hospital at Mysore. On 25.04.2000 at 3.30 p.m. PW-18( Sub-Inspector of K.R.Nagar police station) recorded the statement of the deceased in the presence of PW-9 Dr.S.R.M.Singh and registered the first information. The decease succumbed to burn injuries at 10.00 a.m. on 28.04.2000 in K.R.Hospital, Mysore.

(3.) Before formulating the points for determination and referring to evidence of prosecution witnesses and submissions made at the bar, it is necessary to state the facts which are not disputed;