BAJIRAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by accused No. 1 in Sessions Case No.87/96 on the file of Prl. Sessions Judge, Belgaum, is directed against the judgment of conviction and sentence dated 15,9.2001 wherein accused No. 1 -appellant herein is found guilty of having committed the offence punishable under Section 498-A and 306 IPC., and sentenced to undergo R1 for two years for the offence punishable under Section 498-A IPC., and further sentencing him to undergo Rl for four years for the offence punishable under Section 306 IPC.,

(2.) The essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial court are as follows: It is the case of the prosecution that the sister of the complainant-Geetha was married to accused No.1 and his another sister-Saraswathi PW-15 was married to accused No.2 who is the brother of accused No. 1. Accused 3 and 4 are the father and mother of accused No.1. Accused No.5 is the sister of accused No.1 and accused No.6 is the husband of accused No.5. It is the case of the prosecution that marriage of Geetha-the deceased and Saraswathi-PW. 15 was performed on the same day and thereafter they went to the house of the accused for leading marital life. It is the further case of the prosecution that the accused were subjecting Geetha to cruelty and they were asking her to bring the amount from the house of the parents. It is the case of the prosecution that at the time of marriage one tola gold and Rs.5,000/- cash and utensils worth Rs.6,000/- and a watch was given to accused No. I and thereafter when Geetha went to the house of the accused she was ill-treated by the accused and they coerced her to bring two bullocks and Rs. 10,000/- in cash and the said demand was also met. Despite the same, accused continued the ill treatment and about twenty days next before filing of the complaint when brothers of th ecomplainant had gone to the house of accused they were informed that they should pay Rs.70,000/- an take Geetha to parents house and Geetha said that she would die there itself and they should not pay the amount. Thereafter the complainant received information staling that Geetha died due to snake bite. Immediately, the complainant along with PW.2 and others went to the house of accused and found the dead body. Geetha had committed suicide. Accused were not present in the house and thereafter PW. 1 filed the complaint which was registered by PW.22. PW.22 registered the comoplaint in Crime No. 3 58795 for the offences punishable under Section 147, 143, 498-A 306 r/w. 149 IPC., and prepared FIR and sent the same to the court through PW.S Police Constable. Thereafter inquest was conducted by the Taluka Executive Magistrate as per Ex.P14 spot mahazar was conducted. Accused were apprehended by PW.21 on 4.12.95 and after receiving die post mortem report from PW.6 as per Ex.P9 and also chemical examination report as per Ex.P 10. PW.23 who had taken up further investigation filed charge sheet against the accused, The Learned Sessions Judge framed charge againsi accused 1 to 6 for the offences punishable under Section 498-A r/w. 149 and 306 r/w, 149 IPC. All the accused pleaded not guilty and claimed to be tried.

(3.) The prosecution examined PWs.1 to 23 and Exs.P1 to F23, D1 to D7 were got marked on behalf of the accused and Mos. 1 to 5 were got marked by the prosecution. The Statement of the accused under Section 313 CrPC,, was recorded and the defence of the accused is one of denial and it was suggested on behalf of accused No.1 to the witnesses that complainant and other witnesses that Geetha had developed intimacy with one Basavaraj who was working as a Doctor and since accused No.1 came to know of the same and apprehending that he would inform her parents about the same, she committed suicide. The trail Court after considering the contention of the parties and the material on record held that the prosecution has failed to prove that accused 2 to 6 have committed the offence punishable under Sections 498-A and 306 rAv. 149 IPC., however, held that material on record proves beyond reasonable doubt that accused No. i has committed the offence punishable under Section 498-A and 306 and after hearing the accused No.1 regarding sentence, sentenced the accused to undergo R1 for four years for the offence punishable under Section 306 IPC., and further sentenced to undergo Rl for two years for the offence punishable under Section 498-A IPC., by judgment dated 15.9.2001. Being aggrieved by the said judgment of conviction and sentence, accused No. 1 has preferred this appeal.