SRINIVASA REDDY AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 3.3.2006 passed by the Presiding Officer, FTC -III, Bangalore Rural District, Bangalore in S.C. No. 16/2005 convicting the appellants for the offences punishable under Sections 498 -A and 304 -B of IPC and Sections 3 and 4 of Dowry Prohibition Act (for short "D.P. Act") and sentencing them to undergo imprisonment for two years and to pay a fine of Rs. 2,000/ - each for the offence punishable under Section 498 -A of IPC and in default of payment of fine to undergo imprisonment for two months; to undergo imprisonment for seven years for the offence punishable under Section 304 -B of IPC and further sentencing accused Nos. 1 and 2 to undergo imprisonment for 5 years and to pay fine of Rs. 45,220/ -each for the offence punishable under Section 3 of the D.P. Act and in default of payment of fine to undergo imprisonment for one year and also further sentencing accused Nos. 1 and 2 for the offence punishable under Section 4 of the D.P. Act and in default of payment of fine, to undergo imprisonment for one month.

(2.) IT is the case of the prosecution that appellant No. 1 - Srinivasareddy is the husband of deceased Pushpalatha and appellant Nos. 2 to 5 being relatives of appellant No. 1, during the time of marriage of appellant No. 1 with deceased Pushpalatha, daughter of Parvathamma and Munikrishnareddy, accused No. 3 demanded and accepted 200 grams of gold ornaments, one motor cycle, Rs. 3 Lakhs as cash and failed to return them either to Pushpalatha during her life time or to her heirs after her death. Therefore they are alleged to have committed offences under Sections 3 and 4 of D.P. Act. It is further the case of the prosecution that the accused being the husband and relatives of deceased Pushpalatha, subjected her to cruelty, both physical and mental, by their willful conduct which was of such a nature that was likely to drive her to commit suicide and also they harassed her to bring more money thereby they are alleged to have committed offence under Section 498 -A r/w Section 34 of IPC. It is also charged against the appellants that on 27.8.2003 at about 6.00 p.m. in the house of appellant No. 1 at Vishweshwara Extension of Anekal Town, deceased Pushpalatha committed suicide by hanging and since the said commission of suicide was within 7 years from the date of her marriage with appellant No. 1 and since there was evidence that soon before her death she was subjected to ill -treatment and harassment in connection with demand of dowry, all the accused are alleged to have committed offence under Section 304 -B r/w 34 of IPC. It is also alternatively charged against the appellants that due to the harassment and ill -treatment meted to the deceased, she committed suicide on 27.8.2003 and thereby it is alleged that the appellants have abetted the commission of suicide by the deceased, punishable under Section 306 r/w Section 34 of IPC.

(3.) THE Station House Officer received a complaint on 28.8.2003 at about 11.50 a.m. from one Munikrishnareddy. It is stated in the said complaint that his elder daughter by name Pushpalatha @ Chinni was married to 10.3.2003 to his elder sister's son byname Srinivasa according to the customs of their community in Sowbhagya Kalyana Mantapa and after the marriage she was residing in the house of his sister in Vishweshwaraiah Extension of Anekal Town. His daughter was being looked after very well. His daughter was having severe stomach pain at the time of menstruation and many a times they had treated her for the said ailment. His daughter was telling that she would commit suicide and she would die while suffering such extreme pain. She was also telling that she is unable to tolerate the aforesaid pain and that she has no intention to live at all. The complainant and his family members were pacifying her. On 27.8.2003 at about 7.00 p.m. being unable to tolerate severe stomach pain his daughter had committed suicide by hanging to the fan in her bed room with the help of a saree. When he came to know about this fact, he went to the house of his daughter to verify as to whether the fact was true. It is stated that his daughter had committed suicide by hanging being unable to tolerate severe stomach pain and being fed up with the life. It is also mentioned in the above complaint that there is no suspicion about any person and hence requested to take suitable action in the matter.