UDAYAKUMAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is the appeal preferred by the appellants/accused Nos. 1 and 2 challenging the legality and correctness of the judgment dated 23rd Jan., 2010 passed by the II Additional Sessions Judge at Gulbarga in S.C.No. 403 of 2006. By the said judgment the Trial Court convicted accused Nos. 1 and 2 for the offences punishable under sections 304-B and 498-A R/w section 34 of Penal Code and also for the offences under sections 3, 4 and 6 of Dowry Prohibition Act. The Trial Court acquitted accused No. 3 holding that the prosecution has not established prima facie case as against accused No.3.

(2.) The case of the prosecution in brief as per the charge-sheet that Smt. Mahananda the daughter of CW 1 Basavaraj and CW 2 Shantabai was given in marriage to accused No. 1 Udaykumar and the marriage was performed on 6.6.2002 at Jidaga village in a Math. During the marriage negotiations talk of the bridegroom and his parents and some other villagers were present and they demanded Rs. 1.00 lakh cash, 10 tola gold as a dowry. At the instance of the elders in the marriage negotiations talk it was decided that sum of Rs.51,000.00 cash and Rs. 10,000.00 for clothes and gold weighing 8 tolas to be paid as a dowry. Accordingly the dowry amount and gold was given in the hands of accused No.2 Basavaraj the father of the accused No. 1 and husband of accused No.3 at the time of marriage. After the marriage Mahananda started living in the house of accused along with her husband and parents-in-law. Six months later accused persons started demanding to bring additional amount of Rs.50,000.00 as dowry. Elder brother of Mahananda told accused he does not have that much cash. For this reason accused Nos. 1 to 3 started harassing and torturing Mahananda. They used to beat often and also treating her with cruelty. At one time elder brother of the deceased and her maternal uncle advised them desisted from making such demand and assaulting Mahananda. It is further stated that gold ornaments given thrice by the deceased Mahananda. On 17.6.2007 the fact of continuous demand and harassment meted out to the deceased Mahananda. Accordingly ill-treatment given to her to bring additional sum of Rs.1.00 lakh as dowry was informed by her to her parents over phone. On the following day her parents came to Jidaga village and requested not to harass the deceased Mahananda and assured that they would pay the additional amount after the next harvesting season. Saying so the parents of Mahananda left in her husband 's house went to their place. It is further alleged that on the same night accused Nos. 1 and 2 came to their house in drunken condition, picked up quarrel with the deceased Mahananda. The mother of the deceased came and requested accused Nos. 1 and 2 not to harass Mahananda. Due to unbearable cruel ill treatment meted out by the accused, Mahananda went to nearby public well in the night and jumped into the well, committed suicide. On the basis of said complaint a case has been registered for the offences punishable under sections 498-A, 304-B R/w section 34 of IPC.

(3.) After completing the investigation the Investigating Officer filed the charge-sheet against the accused persons for the offences punishable under sections 304-B, 498-A R/w section 34 of Penal Code and also under sections 3,4 and 6 of Dowry Prohibition Act.