MANJUNATH Vs. THE STATE

JUDGEMENT

(1.) SINDHNOOR Rural Police have registered a case in Crime No. 240/2014 against the petitioner and others for the offences punishable under Sections 498 -A, 306 r/w. 149 IPC at the initial stage and subsequently incorporated Section 304(B) of IPC.

(2.) THE brief allegations against the petitioner are that, one Chandrashekara Gouda, son of Katte Basanagouda, residing at Somalapura, lodged a complaint that his second daughter by name Sandhya was given in marriage to the petitioner on 23.12.013. At the time of marriage, Rs. 1,00,000/ - was given as dowry along with gold and silver articles etc.. After the marriage, for some time said Sandhya was living with her husband with all love and affection. Thereafter, it is alleged that the petitioner and his family members started harassing and ill -treating her in demand of further dowry. In this context, there were conciliation by the elders of both families, in spite of that, the rift continued. After some time i.e., about one month prior to the incident, it appears, the petitioner left Sandhya in her parental house making allegations that she is not taking food properly in her matrimonial home. On enquiry of the said lady by the complainant, she divulged that, the petitioner and his family members were not providing her sufficient food and they were ill -treating and harassing her in demand of further dowry. In this context, it is stated that on 15.10.2014, the complainant had been to Bellary to see his brother Lingana Gouda in the Hospital. On that day, at about 6.00 p.m., the brother of the complainant by name Chandrappa informed him through phone that Sandhya has committed suicide in the house of the complainant at Somalapura by hanging herself. It appears thereafter, the dead body of Sandhya was shifted to Sindhanoor Government Hospital. In this context, it is alleged that because of frustration due to ill -treatment and harassment by the petitioner and his family members the deceased has committed suicide.

(3.) LOOKING to the facts of this case, though there are certain facts placed before the Court to show that there was ill -treatment and harassment by the petitioner and his family members, but after she went to the house of her parents, there is no material to show as to what transpired in the house of her parents soon prior to the death of that lady. In fact what happened in her parents house, play a dominant role in order to come to the conclusion that whether there was any ill -treatment and harassment to the deceased soon before the death of the deceased. That virtually a deciding factor to decide whether the accused person has committed the offence under Section 304(B) of IPC.