YOGANANDA AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dt:27.04.2006 passed by the Sessions Judge, Davanagere in SC No. 121/2005 convicting the appellant for the offences punishable under Sections 498A and 306 read with Section 34 IPC and sentencing each of them to undergo R.I for two years and to pay fine of Rs. 5,000/ - for the offence punishable under Section 498A of IPC and to undergo R.I for six years and to pay fine of Rs. 10,000/ - for the offence punishable under Section 306 of IPC with a direction to pay compensation to PW1 -mother of the deceased.

(2.) IT is the case of the prosecution that deceased was wife of the first accused. Marriage of the deceased with Accused No. 1 took place on 20.05.1990 and out of the wedlock two children were born. PW3 is the son of the deceased and accused No. 1. It is the further case of the prosecution that during the life time of the deceased, since she was not well the accused No. 1 had married accused No. 2 and after the arrival of the accused No. 2 to the house of accused No. 1, they have ill treated the deceased and subjected her to cruelty both physically and mentally, so as to drive her to commit suicide and thereby they are alleged to have committed offences under Sections 498A read with Section 34 of IPC. It is the further case of the prosecution that being unable to tolerate the cruelty and harassment meted out by accused Nos. 1 and 2, deceased committed suicide on 01.07.2005 at about 5.00 p.m., in their residence in Rajendra Prasad Road, Jagalur Town by consuming poison and that the accused have abetted the commission of such suicide and therefore, they are liable for committing offences punishable under Section 306 Section 34 IPC.

(3.) IT is the case of the accused No. 1 that the deceased was suffering from heart ailment and that she was being treated in the hospital. Since her condition was aggravated, when nobody was in the house, deceased consumed insecticide and succumbed to the consumption of poison. The Trial Court after hearing the prosecution and the defence found the accused guilty of the offences punishable under Sections 498A and 306 IPC and sentenced them as aforesaid. Being aggrieved by the said order of conviction and sentence the accused have filed this appeal.