ABDUL SAB NABI SAB KITTUR Vs. STATE

JUDGEMENT

(1.) THE appellant-accused are convicted for the offence punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, 1860 and Section 4 of the Dowry prohibition Act, 1961.

(2.) THE gist of the prosecution case discloses that the deceased Hassanbi is the wife of accused 1. Accused 2 and 3 are the parents of accused 1. The marriage of accused 1 with Hassanbi takes place about three years prior to the incident. At the time of marriage, an amount of Rs. 3,000/was agreed to be given. Out of it Rs. 1,000/- was given, however, it is agreed that a site would be conveyed in favour of accused 1. The agreed balance of Rs. 2,000/- and site were not given by the father of the deceased. Therefore, the accused 2 and 3 were constantly pestering the deceased to get the agreed amount and to see that the site is registered in favour of accused 1.

(3.) AT the time of incident, the deceased was six months pregnant. It was around the night hours accused 2 and 3 insisted the deceased to get the assured property from their parents. P. W. 9 is the sister of the deceased and married to the brother of accused 1. She was also pregnant. The deceased and P. W. 9 told accused 2 and 3 to enquire with their parents instead of harassing them. Accused 1 got enraged by the conduct of the deceased for entering into argument with his parents, therefore kicked on the stomach. As a result, bleeding took place and ultimately in the process of abortion the deceased succumbed.