MAHESHA Vs. STATE

JUDGEMENT

(1.) THE judgment and order of conviction dated 2.8.2012 passed by the Additional Sessions Court, Hassan, in SC.No.30/2008 is called in question in this appeal by the convicted accused.

(2.) THE appellant -accused was tried and convicted for the offences punishable under Sections 498A, 304B of IPC and Sections 3, 4 and 6 of Dowry Prohibition Act. He was sentenced to undergo life imprisonment for the offence punishable under Section 304B of IPC. He was also sentenced in respect of other offences. All the substantive sentences were ordered to run concurrently. The appellant -accused was also imposed with total fine amount of Rs.30,000/ - and out of the said amount, a sum of Rs.25,000/ - was directed to be paid to PW.1, father of the deceased as compensation.

(3.) CASE of the prosecution in brief is that the deceased Swetha, is the daughter of the complainant (PW.1); her marriage with accused took place on 17.2.2002 in Sivalingeshwara Kalyan Mantap at Hassan. Out of the wedlock, a child by name Sushanth (PW.13) was born. It is alleged that accused had demanded and got dowry at the time of marriage from the parents of the deceased; accused and the deceased lived happily for about two years after the marriage; thereafter, accused started harassing the deceased by pressurizing her to bring additional amount of dowry; PWs.1 and 2, parents of the deceased gave additional amount of money to the deceased after two years of marriage; however, harassment by the accused continued against the deceased; since the deceased could not tolerate the ill -treatment, she committed suicide by hanging herself with the help of her veil (duppatta); the incident has occurred in the evening of 18.11.2007 in the matrimonial house of the deceased. PW.13 -Sushanth, son of the deceased and accused was sleeping at that time; he got up in the early morning and the incident was informed to neighbours as well as to PW.1; PW.1 came to the spot and by that time, deceased had breathed her last; PW.1 lodged the complaint as per Ex.P1 before Pension Mohalla Police Station, Hassan; Sub -Inspector of Police who was the S.H.O. of the said Police Station registered Crime No.138/2007 and sent FIR to the jurisdictional Magistrate as per Ex.P16; PWs.25 and 26 investigated into the matter and ultimately PW.26 laid the charge sheet.