SIKANDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the Judgment of Sessions Judge FTC XIV, Bengaluru City, dated 31.12.2009 / 02.01.2010 passed in S.C. No.62/2007. The appellant was convicted for the offence punishable under S.306 IPC and was sentenced to undergo simple imprisonment for a period of 2 years and 6 months and pay fine of Rs. 5,000/-. Out of the fine amount, Rs. 4,000/- was ordered to be paid to PW-6 / Jabeen Taj i.e., mother of deceased and in default of payment of fine, the accused was directed to undergo further S.I. for a further period of 6 months.

(2.) The brief facts of the prosecution case which are relevant to decide this appeal can be stated as follows:

(3.) The accused on appearance having pleaded not guilty and claimed to be tried, the prosecution, in order to prove its case, examined 18 witnesses and marked 14 documents. The accused when examined under S.313 Cr.P.C., denied the incriminating circumstances appearing against him in the statements of the prosecution witnesses. It is a case of total denial by the accused. Upon hearing the arguments of the learned Public Prosecutor and the learned counsel for the accused, the learned Trial Judge held that the prosecution failed to prove beyond all reasonable doubts that there was marriage between the accused and the deceased and that there was no demand of dowry. However, the Trial Judge, with reference to the evidence of P.Ws. 6, 9 and 10, held that the accused did not allow the deceased to share her feelings with others and out of fear, that if she share her feelings, he would intensify the ill-treatment and having been made to lead an isolated life and subjected to fearful life and ill-treatment, having no other way, committed suicide. As a result, the accused was found guilty of the offence punishable under S.306 IPC. Said offence being a minor offence of S.304B IPC, the accused was convicted and sentenced, as above.