STATE Vs. STEVEN JOSEPH

JUDGEMENT

(1.) In the appeal by the State, it has challenged the judgment and order of acquittal for the charge under Section 498-A IPC and sought for enhancement of sentence for the offence under Section 306 IPC, whereas, the appellant in the other case has challenged the judgment and order convicting him for the offence under Section 306 IPC and to set aside the order of imprisonment.

(2.) The facts reveal, the appellant is the husband of Sarowara (the deceased), daughter of PW1 Hiriyanna Gowda and PW3 Renuka. Their marriage was held on 1.4.2004. It was a love marriage and after the marriage the deceased went to the house of the convict and lead happy married life for about a month. Thereafter the appellant was addicted to bad habit of consuming liquor and used to beat his wife now and then. Ultimately, on 9.7.2004 i.e. approximately within three months of the marriage the deceased committed suicide by hanging herself. Her father PW1 Hiriyanna Gowda submitted his complaint Ex.P1 and on registration of the same the spot mahazar Ex.P3 was held and inquest on the body of the deceased was held as per Ex.P2. Statements were recorded. The body was subjected to post mortem examination and the post mortem report Ex.P8 was collected. Purple colour veil and Padlock and screw MOs.1 and 2 were seized during investigation. The charge sheet was filed for the offence under Section 306 IPC. The trial Court framed charges under Sections 498A and 306 IPC.

(3.) The prosecution examined PWs.1 to 13 and got marked the documents Exs.P1 to P11 and MOs.1 and 2. The statement of the accused was recorded under Section 313 Cr.P.C. No defence evidence is led, but anyhow the contradictions Exs.D1 to D5 have been marked in the cross-examination of prosecution witnesses. The trial Court after hearing the counsel for the parties and on appreciation of the material on record convicted the accused for the charge under Section 306 IPC and ordered to undergo rigorous imprisonment for three years and to pay fine of Rs.2,000/-. Aggrieved by the conviction and sentence the accused has filed Criminal Appeal No.738/2008, whereas, the State has filed Criminal Appeal No.2328/2005 challenging the acquittal for the charge under Section 498A IPC and seeking enhancement of sentence for the offence under Section 306 IPC.