MARISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Principal Sessions Court, Mandya in S.C.No.19/2009 dated 29.09.2010 is questioned in this appeal by the convicted accused No.1 in the sessions case.

(2.) THE case of the prosecution in brief is that deceased Usha is the wife of accused No.1; their marriage was performed 17 years prior to lodging of the complaint; the couple have two sons out of the said wedlock; the eldest son was aged about 17 years and the younger son was aged about 15 years as on the date of the incident; since about 8 to 10 years, the appellant herein (accused No.1) subjected Usha to physical and mental cruelty demanding additional amount of dowry; accused No.1 used to threaten the deceased with dire consequences in case of non -grant of additional amount of dowry by the parents of Usha; accused No.2 the mother of accused No.1 and the two sisters of accused No.1 used to abet the accused No.1 for harassing Usha. In that connection, a crime was registered against the appellant herein alleging harassment. However, there was a compromise in the panchayath and deceased Usha was sent back to her matrimonial home; the deceased used to reveal her parents as well as her brother about the ill -treatment meted out against her by the appellant. On the date of the incident i.e., in the intervening mid night of 28.05.2008 and 29.05.2008, the accused No.1 committed murder of Usha by throttling her with the help of a pillow. The death was informed by accused No.2 to the parents, brother and other relatives of the deceased in the morning of 29.05.2008, after seeing the dead body. Thereafter, PW1 -brother of the deceased, PWs 2 and 3 children of the deceased and accused No.1, PW16 (mother of the deceased) and PW25 (father of the deceased) came to the village of accused No.1 and saw the dead body in the matrimonial house of deceased and accused No.1. Thereafter, a complaint came to be lodged by PW1 (brother of the deceased) as per Ex P1 on 29.05.2008 at 2.30 p.m. before Besagarahalli P.S. and the same was registered by the Sub -Inspector of the said police station (PW28) in Crime No.50/2008. Initially the complaint was registered against four persons including the appellant, his mother (accused No.2) and his two sisters.

(3.) THE Trial Court framed the charge against accused No.1 for the offences under Sections 498A and 302 of Indian Penal Code. Accused No.2 was charged with the offences under Sections 498A and 114 of Indian Penal Code.