MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order dated 8.11.2011 passed by the Principal Sessions Judge, Kolar in SC No. 49/2010 is the subject-matter of these two appeals. By the impugned judgment, the Trial Court acquitted the accused for the offence punishable under section 304-B of I.P.C., 1860 and sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. By the very judgment, the Trial Court has convicted the accused for the offence punishable under sections 498-A and 306 of I.P.C.

(2.) The Crl. Appeal No. 1192/2011 is filed by the convicted accused challenging the order of conviction passed against him for the offences punishable under sections 498-A and 306 of I.P.C. The accused has sought for an order of acquittal in the said appeal. Criminal Appeal No. 293/2012 is filed by the State questioning the judgment and order passed by the Trial Court acquitting the accused for the offence punishable under section 304-B of I.P.C. and sections 3, 4 and 6 of the Dowry Prohibition Act. Both the appeals are heard together and decided together by this common order.

(3.) The case of the prosecution in brief is that - the deceased Janaki is the daughter of the complainant Perumalappa. The marriage between the accused and the deceased was solemnized at Kotilingeshwara Temple, Bethamangala on 20.6.2003. Prior to the marriage, the accused demanded dowry of Rs. 30,000.00 apart from gold ornaments; after negotiations the accused agreed to accept dowry of Rs. 10,000.00 apart from gold ornaments; the parents of the deceased paid an amount of Rs. 10,000.00 towards dowry apart from certain gold ornaments to the accused; complainant being the father of the deceased incurred marriage expenses also. The female child is born in the month of July, 2006. During the interregnum, the accused started ill-treating the deceased, asking her to bring dowry from her parents; the accused never worked and never earned money; the family of the accused had to rely upon the paltry sum from doing coolie work of father of accused; since the accused was not working, the deceased started working as coolie and started earning to a limited extent; since the demands of the accused relating to additional amount of dowry remained unabated, panchayaths were convened at Rayasandra and Doddakanthahalli village. Even after panchayaths, the accused continued his habit of demanding additional amount of dowry and harassing the victim. The accused started demanding two wheeler from the father of the deceased. In order to save the situation, P.W. 7 purchased a Hero Honda motorcycle and gave it to the accused with an advice that he should look after the deceased well. However, since the accused continued to ill-treat the deceased, since the accused was not earning and working; since the accused started torturing both physically and mentally, the deceased committed suicide by hanging in the matrimonial house of Rayasandra on 14.7.2009.