SHIVARUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants and the learned State Public Prosecutor.

(2.) THE appellants were the accused before the trial court. Appellant no.1 is the son of appellant no.2 and appellant no.3 is the sister of appellant no.1. There was one other accused namely, accused no.3, who was the brother -in -law of appellant no.1 and the husband of appellant no.3, who died during the pendency of the proceedings. The background to the case is as follows: The complainant Eshwarappa was the father of one Swarnamma, a resident of Jalikatte village, Chitradurga taluk. He had given Swarnamma in marriage to appellant no.1 on 24.2.1998. It is alleged that even prior to the marriage, there were talks of dowry and the complainant had provided dowry by way of cash and valuables on 2.12.1993 at Siddarameshwara temple, Yellode. It is the case of the prosecution that four months after the marriage, Swarnamma had informed the complainant and other family members that the appellants along with accused no.3, were treating her with cruelty both physically and mentally and were demanding additional dowry and when the sister of Swarnamma visited her, she was also informed of the constant harassment and ill -treatment. Swarnamma bore two children and though there were constant complaints of ill -treatment, the complainant had advised Swarnamma to continue her life with the appellants. It is alleged that about one year prior to the incident, which is the subject matter of the proceedings, Swaranamma had come home and informed again about the physical and mental torture and the demand for additional dowry. It is claimed that the complainant had provided Rs.10,000/ - as additional dowry and sent her back to her matrimonial home, but again she was back in the complainant's house. It is much later that the father of appellant no.1 had visited them and he had promised to set up a separate home for appellant no.1 and Swarnamma and on that assurance, she had again gone back to the matrimonial home. But on 24.12.1997, it is stated that the complainant was informed by two persons from Siddanakatte about the death of Swarnamma and when the complainant and others had rushed to the village of the appellants, they saw the dead body of Swarnamma kept in the mortuary of the Government Hospital at Tumkur and they were informed that she had committed suicide by consuming poison.

(3.) IT is on the basis of this complaint that further proceedings were initiated and after investigation, a charge sheet having been filed and thereafter charges having been framed against the accused, they had pleaded not guilty and claimed to be tried and on the basis of the evidence tendered and the rival contentions, the court below framed the following points for consideration: