ANAND ASHOK KAMBALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have challenged the order passed by VII Additional District and Sessions Judge, Belgaum, sitting at Chikkodi in S.C. No. 62/2013 dated 06.02.2014 in allowing the applications under Sections 231(1), 242(2) read with Section 311 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity).

(2.) THE prosecution had filed said application to alter the charge by incorporating the charges under Section 3 of Dowry Prohibition Act, 1961 (hereinafter referred to as 'D.P. Act' for brevity) and under Section 304B of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity) and alternatively for the offence punishable under Section 302 of I.P.C.

(3.) I have carefully perused the orders passed by trial Court. The trial Court had earlier framed charges for the offences punishable under Sections 498A and 306 read with Section 34 of I.P.C. After recording the evidence and after going through the application filed by learned Public Prosecutor, the trial Court has found that during the course of evidence the witnesses have categorically stated that the death was due to demand of dowry and also the death has occurred within seven years from the date of marriage. Therefore, even considering that the deceased has committed suicide, it attracts the offence punishable under Section 304B of I.P.C. Section 304B of I.P.C. reads as follows -