HUCHAMMA Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.975/2013 being accused No.1 and the appellants in Crl.A.No.843/2013 being accused Nos.2 to 7, in S.C.No.251/2010 on the file of the learned V Additional District and Sessions Judge at Tiptur, are impugning the judgment of conviction and order of sentence dtd. 1/8/2013, convicting accused No.1 for the offence under Sec. 498-A of IPC and under Ss. 3 , 4 and 6 of Dowry Prohibition Act (for short, 'the D.P. Act '); convicting accused Nos.2, 5 to 7 for the offence punishable under Sec. 498-A of IPC, and convicting accused Nos.2 to 7 for the offence punishable under Sec. 4 of D.P. Act, while acquitting accused No.1 for the offences punishable under Ss. 302, 304-B r/w 149 of IPC , and acquitting accused Nos.3 and 4 for the offences punishable under Ss. 498-A, 302, 304-B r/w 149 of IPC ; and acquitting accused Nos.2, 5 to 7 for the offences punishable under Ss. 302, 304-B r/w Sec. 149 of IPC; sentencing accused No.1 to undergo rigorous imprisonment for a period of 3 years and to pay fine of 15,000/- for the offence punishable under Sec. 498-A of IPC, to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.30,000.00 for the offence punishable under Sec. 3 of D.P. Act, to undergo rigorous imprisonment for a period of 6 months and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 4 of D.P. Act and to undergo rigorous imprisonment for a period of 6 months and to pay fine of Rs.5,000.00 for the offence punishable under Sec. 6 of D.P. Act; and sentencing accused Nos.2 to 7 to undergo simple imprisonment for a period of six months and to pay fine of Rs.5,000.00 each for the offence punishable under Sec. 4 of D.P. Act; and sentencing accused Nos.2, 5 to 7 to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.15,000.00 each for the offence punishable under Sec. 498- A of IPC, with default sentences.

(2.) The case of the prosecution in brief is that, accused No.1 married one Shivamma, the sister of the informant on 25/2/2010. At the time of marriage, accused No.1 received cash of Rs.30,000.00 and 25 grams of gold as dowry. He had demanded dowry of Rs.1,00,000.00 and scaled it down to Rs.50,000.00 at the time of marriage talks. Accused Nos.2 and 3 are the mother and father, and accused Nos.4 and 6 are the brothers of accused No.1 and accused Nos.5 and 7 are the wives of accused Nos.4 and 6 respectively. Thus they are the family members of accused No.1. All accused Nos.1 to 7 were residing together and in furtherance of their demand for dowry they were ill-treating the deceased. On 11/5/2010 at about 8.30 a.m. Shivamma was found with extensive burn injuries and had died in an unnatural death. The first information came to be filed by her brother-PW.1 alleging commission of the offence under Ss. 498-A, 302 and 304-B r/w 149 of IPC . The investigation was undertaken and the charge sheet came to be filed for the offence under Ss. 498-A , 304-B of IPC and under Ss. 3 , 4 and 6 of D.P. Act.

(3.) The learned Magistrate took cognizance of the offences and committed the matter to the Sessions Court. The accused have appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution has examined PWs.1 to 18, got marked Exhibits P1 to 33 and identified MOs.1 to 49 in support of its contention. The accused have denied all the incriminating materials available on record in their statements under Sec. 313 of Cr.PC, but have not chosen to lead any evidence in support of their defence. The Trial Court, after taking into consideration all these materials on record came to the conclusion that the prosecution is successful in proving the guilt of the accused and sentenced them as stated above. Being aggrieved by the same, accused No.1 has preferred Crl.A.No.975/2013, whereas accused Nos.2 to 7 have preferred Crl.A.No.843/2013. During the pendency of the appeal, accused No.2 died and the appeal preferred by him stood abated and accordingly, it is dismissed.