VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused No.4 has preferred this appeal against the judgment of conviction and order on sentence dtd. 21/8/2014 passed in S.C No.121 of 2009 by the Principal District & Sessions Judge, Chikkaballapura (for short "the trial Court").

(2.) For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

(3.) Brief facts leading to this appeal are that Chikkaballapura Rural Police submitted charge-sheet against the accused 1 to 7 for the offence punishable under Ss. 498A, 304B, 306 read with 34 of Indian Penal Code and Ss. 3, 4 and 6 of Dowry Prohibition Act. It is alleged by the prosecution that, the marriage of appellant victim-Geetha, daughter of complainant- Chandrashekaraiah was solemnized on 28/4/2005 at Chikkaballapura as per Hindu rites and customs. Prior to marriage, there was negotiation, in which family members of the appellant demanded jewels for bride and the groom and dowry of Rs.2,00,000.00. Finally, it was settled that complainant shall give Rs.1,00,000.00 as dowry, accordingly 15 days prior to the marriage, complainant delivered Rs.1,00,000.00 to the father of the appellant. After marriage, the couple lived cordially in the matrimonial home. Meanwhile, she became pregnant and was suffering from stomach pain, appellant took her to hospital for treatment and brought her to parents house. Thereafter, she gave birth to a baby. Despite informing, accused did not visit her in the hospital. The complainant gave his daughter a mobile and cash of Rs.4,000.00After 20 days, appellant visited her and took away cash and mobile phone. Four months after delivery she was taken to matrimonial house, where she was subjected to mental and physical harassment, demanding further dowry in the form of cash and lands. In the meanwhile, again she became pregnant, but pregnancy was terminated by administering with some tablets, on account of which she suffered stomach pain. Thereafter, all the accused subjected her to cruelty demanding money for construction of house and also to get lands transferred to her name. The complainant paid Rs.50,000.00and despite receiving the said amount, his daughter was subjected to cruelty.