LOKESH BABU Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) The appellants being accused Nos.1 and 2 in SC.No.143/2012, on the file of the learned II Fast Track Court, Tumkur, are impugning the Judgment of conviction and order of Sentence dtd. 31/7/2012, convicting accused No.1 for the offences punishable under Ss. 498A and 304B read with Sec. 34 of the Indian Penal Code (for short 'the IPC ') and Ss. 3 , 4 and 6 of the Dowry Prohibition Act and sentencing him to undergo imprisonment for 7 years and pay a fine of Rs.25,000.00 for the offence punishable under Sec. 304B of IPC, under-go imprisonment for 3 years and pay a fine of Rs.10,000.00 for the offence punishable under Sec. 498A of IPC, undergo imprisonment for 6 months and pay a fine of Rs.5,000.00 for the offences punishable under Ss. 3 , 4 and 6 of DP Act and convicting accused No.2 for the offences punishable under Ss. 498A of IPC and sentencing her to undergo imprisonment for 2 years and pay a fine of Rs.10,000.00, with default sentences.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case as per the prosecution is that, deceased Rukmini married accused No.1 on 1/3/1998. At the time of marriage, gold ornaments worth Rs.50,000.00, 650 grams of silver articles and Rs.30,000.00 towards scooter were demanded by accused and the same were given as dowry. After marriage, accused No.1 being the husband, accused No.2 being the mother-in-law started ill-treating the deceased by demanding additional dowry of Rs.80,000.00 for the purpose of purchasing a matador. When the informant and his family members expressed their inability to pay such huge amount, the accused continued ill-treating the deceased. In the meantime, the deceased delivered two children. It was found that she was again four months pregnant. Since the second child was still young, the deceased wanted to abort the pregnancy. She did it against the medical advice but had not taken proper treatment. As a result, pus has formed in the uterus and she was experiencing unbearable pain. She was taken to hospital on 12/11/2011. But before reaching the hospital she died. Initially, it was suspected that she had consumed pesticide.