LATEEFMIYAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the prosecution is that the deceased is married to a1, A2 is the mother of A1. The deceased and accused live together happily for about two months. Thereafter the accused started suspecting the chastity alleging that she has extramarital relationship with another person. In that regard, the accused subjected the deceased to physical and mental torture. The deceased informed her plight with her parents. The deceased was consoled to bear with the circumstances and to wait for good time. The accused continued to inflict physical and mental torture on the deceased. The deceased unable to bear the torture committed suicide by self-humiliation.

(2.) THE parents on receipt of information of burn injuries on the deceased go to the District Hospital. The Tahsildar, Bidar has recorded the dying declaration of the deceased at exhibit P7 which discloses that the deceased committed suicide on account of physical and mental torture inflicted on the deceased suspecting her fidelity. The parents -PW3 and PW4 have turned hostile. The Trial Court convicted the accused on the basis of the dying declaration. The doctor has certified the dying declaration is recorded in his presence. Therefore, the conviction recorded under Section 498a is sound and proper.

(3.) THE provisions of Section 107 and 306 of indian Penal Code read thus: