STATE OF KARNATAKA Vs. SRI GIRISHA ALIAS GIRI

JUDGEMENT

(1.) THESE three appeals arise out of the judgment dated 30.4.10 passed by the Presiding Officer, Fast Track Court -Ill, Bangalore Rural District, Bangalore in SC No. 289/08 in which the learned Sessions Judge has convicted the accused for the offences U/Ss: 498 -A and 304 -B IPC and sentenced him to undergo S.I. for a period of 2 years and to pay a fine of Rs. 10,000/ - in default he shall undergo SI for a period of 4 months for the offence U/s. 498 -A IPC and further sentenced him to undergo S.I. for 7 years for the offence U/s. 304B IPC while acquitting him for the offences U/s. 306 IPC and Sections 3, 4 and 6 of DP Act. It is the case of the prosecution that the appellant -accused has married the deceased -Puspha on 11.03.2007 and during the marriage, he has demanded and accepted cash dowry of Rs. 14,000/ - neck chain and other, 'articles thereby he is alleged to have committed an offence U/s. 3 of D.P. Act. Further it is the case of the prosecution that being the husband of the deceased, the accused after marriage has demanded money from the parents of the deceased, thereby he is alleged to have -committed an offence U/s. 4 of DP Act and further he has not returned the articles received as dowry, thereby he is alleged to have committed an offence U/s. 6 of D.P. Act It is further case of the prosecution that during his life time with the deceased, the appellant has subjected her to cruelty and harassment and thereby he is alleged to have committed an offence U/s. 498A IPC. It is further case of the prosecution that on 28.05.08, the deceased being unable to tolerate the harassment by the appellant has committed suicide in the house of the appellant by hanging herself in his house thereby he is alleged to have committed an offence U/S. 304B IPC. The trial court has framed a charge for offence U/s. 306 IPC as an alternative charge.

(2.) THE prosecution in order to prove its case, has examined PW1 to PW17 and produced Ex. P1 to Ex. P23 and produced MO1 to MO7. The defence of the accused is one of the total denial. However, the' learned Sessions Judge was pleased to convict the appellant and sentenced him as aforesaid while acquitting him of the offences U/Ss. 3, 4 and 6 of the D.P. Act and also for offences U/s. 306 IPC.

(3.) PW 1 - Muniveerappa is the complainant and he has stated that he has got 4 daughters and two sons and accused is his son -in -law and he has given the deceased -his daughter Pushpa in marriage to the accused about two years back. At the time of marriage the accused has demanded dowry of Rs. 50,000/ -. He has given Rs. 14,000/ - cash to the accused and he has also given gold hangings and gundu drops to the deceased at the time of marriage and the couple were living in Chikkakodagahalli. Since her daughter had become pregnant, she was brought to their house, it is in the evidence of PW1 that the accused and deceased led happy married life upto one year of the date of marriage and thereafter, the accused harassed his daughter for demand of additional dowry.