ATHIK PASHA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged the Judgment and Order of his conviction and sentence for the offence punishable under Sections 498 -A and 304 -B IPC and under Section 4 of the Dowry Prohibition Act [hereinafter referred to as the D.P. Act for short], on a trial held before the learned Sessions Judge, Mysore.

(2.) THE facts reveal that Mubashira Bhanu [deceased] was the daughter of P.W.4 -Rehman Shariff and Sajida Begum [step -mother]. The marriage of Mubashira Bhanu [deceased] with the appellant was held on 20.08.2006. At the time of the marriage, a sum of Rs.40,000 -00 was said to have been demanded as dowry and Rs.25,000 -00 was paid to the appellant at the time of the marriage. The parents of the deceased were to pay the remaining sum of Rs.15,000 -00. After the marriage, Mubashira Bhanu went to the house of her husband i.e., the appellant herein and led a happy married life for about a month. Subsequently, there was harassment on her to bring the remaining sum of Rs.15,000 -00 and in this context, she was being abused and assaulted by the appellant. It is the case of the prosecution that there was continuous cruelty and harassment on the deceased with demand for the remaining sum of Rs.15,000 -00. Ultimately, on 08.11.2008, at about 11.00 a.m., there was a quarrel with regard to the demand of the said sum and hence she doused kerosene on herself and set fire. As a result, she suffered severe burns. Meanwhile, the parents and neighbours said to have shifted Mubashira Bhanu to the hospital for treatment. She survived for about 4 days and died on 11.11.2008 due to the burns suffered.

(3.) I have heard learned counsel for the appellant and also learned High Court Government Pleader.