S.N. RAVI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.3.2014 passed by the Fast Track Court, Channarayapatna in S.C.No.167/2012 whereunder the appellant is convicted for the offences under sections 304-B and 498-A of Indian Penal Code and section 4 of the Dowry Prohibition Act. He is sentenced to simple imprisonment for seven years for the offence under section 304-B of Indian Penal Code; simple imprisonment for one year and a fine of Rs.5,000/- for the offence under section 498-A of Indian Penal Code and in default simple imprisonment for three months; simple imprisonment for six months and a fine of Rs.5,000/- for the offence under section 4 of Dowry Prohibition Act and in default, to undergo simple imprisonment for two months.

(2.) The case of the prosecution is that the deceased married the accused about 1- 1/2 years' prior to the date of incident. At the time of the marriage, a sum of Rs.20,000/- was paid by way of dowry and the parents of the deceased agreed to pay the balance amount of Rs.20,000/-. Since they failed to pay the said amount, the accused started ill-treating and harassing the deceased and hence, a panchayath was convened about six months prior to the incident. Even thereafter, the accused continued to ill-treat and harass the deceased and hence being unable to bear the cruelty and ill-treatment meted out by the accused in the matrimonial house, she committed suicide by hanging on 24.05.2012.

(3.) The law was set in motion by the father of the deceased (PW.1). He lodged a complaint before the Channarayapatna Police alleging dowry demand and cruelty. On the basis of the said complaint, Crime No.81/2012 was registered against the accused under section 498-A and 304-B of Indian Penal Code. In the course of investigation, it was ascertained that the deceased died due to asphyxia as a result of hanging. After completing the investigation, the charge-sheet came to be laid against the accused for the above offences.