SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged the conviction and sentence for the offence punishable under Sections 498 -A and 304 -B IPC on a trial held by the Fast Track Court, Kollegal. The facts relevant for the purpose of this appeal are as under; he appellant married Pushpa @ Kamala (the deceased) on 14.6.1998. Prior to the marriage they were loving each other. Though at the time of marriage the demand was made for the dowry, the parents of the deceased were not able to pay anything, therefore the marriage was performed without any dowry having been paid by the parents to deceased. They lead happy married life for about 1 1/2 years. Through the wedlock Pushpa @ Kamala gave birth to a male child. After 1 1/2 years of the marriage the prosecution alleges that the appellant, husband and in -laws and the members of the family were insisting the deceased to bring dowry by way of gold chain, scooter etc., She was not in a position to meet the demands, as her parents were not financially sound. For non payment of the dowry, the deceased was subjected to cruelty and harassment and ultimately on a day prior to 11.5.2001 Pushpa @ Kamala committed suicide by jumping into the well. A complaint of this incident was filed by her mother Nagarathnamma PW 15 on 11.5.2001 at 9.45 a.m. alleging the demand, harassment and consequent death of the deceased by jumping into the well and the death was due to asphyxia as a result of drowning. During the course of investigation the statement of the witnesses were recorded. Spot mahazar Ex. P3 was held in the presence of PWs. 3 and 4. Inquest on the body of the deceased was held as per Ex. P2 in the presence of the aforesaid two attesting witnesses. The body was subjected to post mortem examination and the post mortem report was secured. The apparels of the deceased was seized under the mahazar Ex. P20 in presence of PWs. 13 and 14. On completion of the investigation, a charge sheet was filed against the appellant - her husband, their parents -in -law - accused Nos. 2 and 3, the brother -in -law and sister -in -law of the deceased accused Nos. 4 and 5. In the course of the trial, the prosecution examined PWs. 1 to 21 and got marked the documents Exs. P1 to P26 and MOs. 1 to 10. The statement of the accused were recorded under Section 313 Cr.P.C. No defence evidence was led. Anyhow, the accused got marked the contradictions Exs. D1 to D4 in the evidence of PWs. 7 and 15. The trial Court after hearing the counsel for the parties and on appreciation of the material on record convicted the appellant - (husband of the deceased) and acquitted the other accused. The appellant was ordered to undergo rigorous imprisonment for seven years for the offence under Section 304 -B IPC and lesser sentence was awarded for the offence under Section 498 -A IPC. Aggrieved by the conviction and sentence, the present appeal has been filed.

(2.) I have heard the learned counsel for the appellant and also the learned High Court Government Pleader.

(3.) IT is the submission of the learned counsel for the appellant that except the interested evidence of PWs. 1, 7 and 15, none others have supported the case of the prosecution and as the aforesaid witnesses are the close relatives and as there is material discrepancy in their evidence in addition to inconsistent version, the trial Court has committed an error in accepting the evidence of the said witnesses and awarding conviction and sentence. Therefore, he submits that the conviction and sentence ordered by the trial Court be set aside.