CHANAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The accused has preferred this appeal being aggrieved by the judgment of conviction dated 31.3.2011 passed by the Fast Track Court XV, Bengaluru, in S.C. No.954/2008 convicting him for the offences under section 498A and 302 of IPC. The accused was sentned to undergo simple imprisonment for three years for the offence under section 498A of IPC and to pay fine of Rs.10,000/- and in default of the same, he has to undergo simple imprisonment for three years. The accused was further sentenced to undergo rigorous imprisonment for life for the offence under section 302 of IPC and liable to pay fine of Rs.10,000/- and in default of payment of fine, he has to undergo simple imprisonment for three months.

(2.) Case of the prosecution in brief is that P.W.2, one H.K. Doddegowda, lodged the complaint as per Ex.P.3 alleging that his daughter Kousalya @ Geetha i.e., the deceased was given in marriage to L. Chennappa, the appellant-accused, who at the time of the marriage was doing the driving work. At the time of marriage, clothes and ornaments were given to the accused and at their expenses, performed the marriage. It is alleged that after the marriage, for some days, the accused looked after the wife properly and thereafter, started to give ill treatment and harassment insisting her to bring more dowry amount and also for vehicle. Because of the ill treatment P.W.2, by mortgaging his house property and with the loan amount, gave Tempo Traveler vehicle to the accused. Since 2002, the accused was insisting the deceased that the said vehicle be transferred to his name and in that connection, he was ill treating her and because of the same, daughter of the complainant, consumed poison and she was admitted to hospital. The Srirampur police recorded statement of the daughter of the complainant registered the dowry case and in the said criminal case, charge sheet was also filed by the police. As the accused assured that he will look after his wife properly and thinking that his daughter's life may be happy, the case was compromised between the accused and the deceased. About two years back, the appellant accused sold the said vehicle. As it was difficult for the accused to lead the life with his wife and two children, he brought them to the house of the complainant and left them in the second floor of the house.

(3.) After completing the investigation, the investigating officer filed charge sheet against the accused for the offences under Sections 498A and 302 of IPC. The trial court, after conclusion of the trial and considering the oral and documentary evidence placed on record, ultimately, convicted the accused for the offences punishable under Sections 498A and 302 of IPC. Being aggrieved by the judgment and order of conviction, the accused preferred the above appeal challenging the legality and correctness of the same on the grounds as mentioned in the appeal memorandum.