KHAJA MAINODDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and the learned Government Pleader.

(2.) The appellant is accused No.1. He was accused of offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code, 1860 along with his parents who were accused Nos.2 and 3. It was the case of the prosecution that the complainant's daughter Hameeda Banu @ Saira Banu was given in marriage to the appellant in the year 2000 and it was her complaint that prior to the complaint the appellant had started demanding that he be provided a sum of Rs.1,00,000/- as he planned to go to Dubai in search of employment. Secondly, since Hameeda Banu did not have female children, he was dissatisfied with her, both for not having got him with the money that he was demanding and also for not bearing any male children and it is in this background, it was the complainant's case that her daughter was being illtreated both physically and mentally since many years and unable to bear the physical and mental torture meted out to her by the accused and his parents, her daughter had committed suicide on 16.01.2008 at about 10.00 a.m. by hanging herself on a ceiling fan in her bed room. On 17.01.2008 the complainant had reached the police station and lodged a case against the accused for offences as aforesaid, including Sections 3 and 4 of the Dowry Prohibition Act, 1961. It is on the basis of the said complaint that the accused had been taken into custody and thereafter, after further proceedings and committal to the Court of Sessions, the Court below had framed the charges to which the accused had pleaded not guilty and claimed to be tried. Thereafter, 19 witnesses had been examined by the prosecution apart from marking other documents and material objections. The Court below had then framed the following points for consideration:

(3.) The Court below answered points No.1 and 2 partly in the affirmative and convicted accused No.1 and sentenced him to undergo two years simple imprisonment and to pay a fine of Rs.5,000/- for the offence punishable under Section 498A of the Indian Penal Code, 1860 and also to undergo eight years rigorous imprisonment and to pay a fine of Rs.10,000/- for the offence punishable under Section 306 of the Indian Penal Code, 1860, while acquitting accused Nos.2 and 3. It is that which is under challenge in the present appeal.