SHIVANNA Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed by the convicted accused 1 and 4 being aggrieved by the judgment of conviction dated 31st January, 2001 passed by the learned Sessions Judge, Tumkur in S C No 97 of 1996 holding both the appellants guilty of the offences under Sections 302, 201 both read with section 34 of the IPC

(2.) IT is to be mentioned here itself that in all, six accused including the appellants were tried for the offences punishable under Sections 498-A, 304-B, 302 and 201, IPC and Sections 3, 4 and 6 of the Dowry prohibition Act, but on appreciation of evidence, the Trial Court though gave benefit of doubt to accused Nos 2, 3, 5 and 6 and acquitted them of all the charges, the appellants who were accused 1 and 4 respectively, were found guilty of the offences punishable under Sections 302 and 201 both read with Section 34 of the IPC

(3.) THE brief facts giving rise to the present case are as follows on 14th February, 1996 at about 10 30 am a woman by name kempamma appeared at the Gubbi Police Station and submitted to the Head Constables/s H 0 -P W 15 that her daughter shanthamma, who was married to the appellant/accused 1, was found dead in her matrimonial house under suspicious circumstances. Based on the report, the S H O registers a case in the UDR 2 of 1996 for enquiry under Section 174, Cr. P C. Since in the statement of said Kempamma showed that Shanthamma died in the house of her husband and the unnatural death took place within seven years of the marriage, he sent a requisition to the taluk Executive Magistrate, Gubbi, to conduct inquest proceedings Accordingly, P W 9 Mumtaz Ahamed, the Taluk executive Magistrate goes to the spot and holds an enquiry under section 174, Cr P C , in the presence of independent mahazar witnesses The dead body is found in the house of the accused/husband of the deceased and the Magistrate notices certain injuries around the neck and on the other parts of the body including the private parts of the deceased After noting the same and making enquiries including recording the statements of the relatives of the deceased, as he suspects foul play, sends the report to the police to hold enquiry regarding the unnatural suspicious death of Shanthamma On receipt of the same P W 16, the P S I, registers the same in Cr No. 53 of 1996 for the offences under sections 498a, 306 read with Section 34, IPC, against the husband, his parents, brothers and sister FIR is drawn, sent to the superiors and the Magistrate and the investigation is taken up As none of the accused are found in the house, search for them is set in It is to be noted that accused 6 surrendered initially and later was released on bail Similarly accused 1 to 5 also surrendered later Thereafter C O D, Anti-Dowry Cell, takes up the investigation The Investigating Officer of C O D , thereafter prepares the sketch, records the statements of the relatives of the deceased like mother, brothers, etc After receipt of the autopsy report and other materials as the Investigating Officer finds prima facie material against the six accused, he files charge-sheet against them