NAGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.11.2011 passed by the V Addl. District and Sessions Judge, Mysore in S.C.No.14 of 2010 convicting the appellant for the offences punishable under sections 304- B, 498-A Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) The undisputed facts are that the appellant married deceased Mangala on 03.03.2016. After the marriage, they were residing together at Saathagalli village, Mysore Taluk. In the wedlock, two children were born to them. According to the prosecution, on 24.09.2009, at 9.00 p.m., the deceased committed suicide by hanging in her matrimonial house. It is alleged that at the time of the marriage, the accused demanded a sum of Rs.20,000/- by way of dowry and since the said amount was not paid, he was ill-treating and harassing the deceased and hence the deceased was driven to commit suicide on 24.09.2009.

(3.) Criminal action was initiated against the accused on the basis of the complaint lodged by the father of the deceased on 24.09.2009. In the complaint, it was averred that at the time of the marriage, the father of the deceased had given a pair of gold earrings and jumki to the deceased and a watch and clothes to the accused and by sharing the expenses, the marriage was performed. The only allegation made in the complaint was that three months prior to the incident, the accused started making a demand for Rs.15,000/- for purchase of a scooter and the said amount was also given to the accused, but even thereafter, the accused started pestering the deceased to bring money from her parents' house, she being unable to bear the cruelty and ill-treatment, committed suicide in the matrimonial house.