M C NARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the convicted accused No. 1 challenging his conviction for the offences punishable under sections 498-a and 304-b of IPC r/w. Sections 3, 4 and 6 of the dowry prohibition Act, by the learned x addl. City sessions judge, Bangalore, in s. C. No. 403 /1997.

(2.) THE case of the prosecution in brief is that: the accused No. 1 appellant herein is the husband of the deceased sudha and accused nos. 2 and 3 are the father-in-law and mother-in-law of deceased sudha respectively. The deceased sudha married to the appellant on 27-3-1993. At the time of marriage, the accused demanded dowry of Rs. 1 lakh and gold ornaments. However, a cash of Rs. 50,000/- and certain gold ornaments were given to the accused by the parents of the deceased. Subsequent to the marriage, said sudha lived with accused persons in vijayanagar, Bangalore. After some time, the appellant and deceased sudha took a house on rent and lived separately in m. C. Layout, Bangalore. Thereafter, they set up another house at r. P. C. Layout, Bangalore, and started living there. The accused No. 1 on the ill-advice of accused nos. 2 and 3, subjected sudha to cruelty and ill-treatment both physically and mentally by pressurising her to get balance dowry of Rs. 50,000/ -. The deceased sudha, as well as her parents failed to meet the demand of the accused and consequently, the harassment and cruelty by the accused continued. Being unable to tolerate the physical and mental harassment and cruelty meted out to her by the accused, she committed suicide by hanging in her matrimonial house at about 6. 00 p. m. on 11-2-1996. The complaint was lodged by pw-1 as per Ex. P-1 alleging aforesaid facts before the p. S. I.-pw-13, who registered the case on the basis of the said complaint in crime No. 102/ 96 of vijayanagar police station for the offences punishable under sections 304-b and 498-a of IPC r/w. Sections 3, 4 and 6 of the dowry prohibition act.

(3.) DURING the course of the trial, the prosecution in all examined 13 witnesses and got marked 13 exhibits. On behalf of the defence, no evidence was let in. However, a written statement was filed by accused No. 1 (appellant herein) during the course of recording of his statement under Section 313 cr. P. C. To the effect that he underwent semen test in gunasheela institute of research in reproduction and the concerned doctor opined that accused No. 1 was incapable of begetting the child; that as deceased was five months pregnant during the relevant time, she committed suicide as she was unable to answer to the society about her pregnancy. However, the said defence was held to be not acceptable by the trial court. After hearing, the trial court convicted the accused No. 1 for the offences punishable under sections 304-b and 498-a of IPC and sections 3, 4 and 6 of the dowry prohibition act. Accused nos. 2 and 3 are acquitted by the trial court.