THIPPESWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of the Prl. District & Sessions Judge, Chitradurga, in S.C.No.13/2014 dtd. 8/1/2016, convicting the appellants/accused Nos.1 to 3 for offences punishable under Ss. 302 read with Sec. 34 IPC, while acquitting the accused for offences punishable under Ss. 498A, 304B read with Sec. 34 of the IPC and Ss. 3 and 4 of the Dowry Prohibition Act. Further, the appellants / Accused Nos.1 to 3 were directed to undergo imprisonment for life and to pay a fine of Rs.10,000.00 each for the offence punishable under Sec. 302 read with Sec. 34 of the IPC and in default of payment of fine amount, to undergo further simple imprisonment for a period of three months. The appellants have preferred the present appeal seeking to allow the appeal and to thereby acquit appellants / accused Nos.1 to 3 for offences punishable under Ss. 302 read with Sec. 34 of the IPC, for the grounds urged therein.

(2.) Heard, the learned counsel Shri Mohan Kumara D for the appellants / accused Nos.1 to 3 and the learned Addl. SPP Shri Vijayakumar Majage for the State. Perused the impugned judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.13/2014 including the exhibited documents.

(3.) The factual matrix of the appeal is as under: It transpires from the case of the prosecution that the marriage of accused No.1 namely Thippeswamy was performed with deceased Manjamma @ Manjula as per the customs prevailing in their society and their marriage was performed on 5/6/2010. At the time of marriage, the accused had received Rs.12,000.00 as dowry. Manjamma was residing along with her husband and in-laws in her matrimonial home, after their marriage. It is stated that while leading her marital life, all the accused persons used to give physical as well as mental harassment to the deceased Manjamma, by demanding additional dowry of Rs.25,000.00. It is stated that particularly on 14/10/2013 at 8.00 a.m., all the accused persons had picked up a quarrel with the deceased Manjamma and confined her in a room bolting the door of the said room and had given physical and mental harassment to her. All the three of the accused namely the husband, father-in-law and mother-in-law of the deceased Manjamma, are said to have hatched a criminal conspiracy to commit her murder. In the said attempt, Accused No.1 / Thippeswamy is said to have doused kerosene on Manjamma's body and Accused No.2 / Nagendrappa had set her ablaze and it is stated that Accused No.3 / Jayamma instigated the other accused persons so as to commit the said offences. As a result of her hue and cry out of severe burns, Manjamma is said to have taken to hospital by the neighbourers. However, in view of sustaining severe burn injuries, she died while under treatment in the hospital. On the basis of the said allegations, a complaint was filed by the complainant. Thereafter, criminal law was set into motion by recording an FIR and crime was registered against Accused Nos.1 to 3 for the offences punishable under Ss. 498A, 304B, 302 read with Sec. 34 of the IPC and Ss. 3 and 4 of the Dowry Prohibition Act.