CHANDRASHEKHARA SREESHYLAPPA KINAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order dated 15th December 2007 passed by Additional Sessions Court, Bangalore City in S.C.No.860/2005 is the subject matter of these appeals. By the said judgment and order, accused No.2 Sreeshylappa is acquitted and accused No.1 Chandrashekhara, S/o. Sreeshylappa is convicted for the offences punishable under Sections 3 and 4 of Dowry Prohibition Act and 498-A of IPC and Section 304-B of IPC.

(2.) The case of the prosecution in brief is that accused No.1 married deceased Kusuma on 12.10.2003 at Bangalore; PW-12 is the father of the deceased; accused No.2 is the father of accused No.1; both the accused demanded a sum of Rs.50,000/- apart from a motor cycle, a site and gold ornaments as dowry from the father of the bride; all the demands made by the accused were met by PW-12 father of the deceased; at the time of betrothal ceremony, gold ornaments as well as Rs.50,000/- cash were paid to accused No.1 by PW- 12; the motor cycle was booked in the name of deceased Kusuma and the same was also provided to accused No.1; accused No.1 and deceased lived happily for about 3 to 4 months; thereafter accused No.1 started demanding additional amount of dowry from PW-12; he used to pressurize the deceased to bring 1.00 lakh of rupees from her father so as to have a bigger house on mortgage. On the date of incident i.e., on 25.6.2005, accused No.1 came alongwith deceased to the house of PW-12 and asked for 1.00 lakh of rupees for taking a bigger house; but the said demand was not met by PW- 12, on the ground that he did not have money; PW-12 pacified accused No.1 and the deceased that he would arrange for money in due course; however at about 8.00 p.m. on 25.6.2005, the deceased committed suicide by hanging herself to the ceiling fan in the matrimonial house; immediately thereafter, the message was sent by accused No.1 to PW-12 and others; PW-12 and his relatives rushed to the spot; immediately the victim was moved to Maruthi Nursing Home; however the Doctors at Maruthi Nursing Home advised accused No.1 and others to take the victim to higher medical centre; by the time the victim was taken to KIMS hospital, Bangalore, she had breathed her lost. The first information was lodged by PW-12 at Ex- P11 at 9.00 p.m. on 26.6.2005 before Chandralayout police station; PW-5 the Inspector of police attached to Chandralayout police station registered Crime No.133/2005 and sent First information report to the jurisdictional Magistrate as per Ex-P23. Ultimately, PW- 16- police Officer completed the investigation and laid the charge-sheet.

(3.) In order to prove its case, the prosecution in all examined 17 witnesses and got marked 24 exhibits and six material objects. On behalf of the defence, one exhibit was got marked in the statement of PW-10. The Trial Court, as aforementioned, acquitted accused No.2 and convicted accused No.1 for the offences with which he was charged.