SRINIVAS PRABHAKAR HOOLI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 31-12-2013 passed by the Fast Track Court at Dharwad in S.C. No. 46 of 2009. By the said judgment and order, the Trial Court convicted the appellant-accused for the offence punishable under Sections 498-A, 302 and 201 of Indian Penal Code, 1860 and acquitted for the offence punishable under Sections 3 and 4 of Dowry Prohibition Act, 196

(2.) The brief facts of the prosecution case as per the complaint (Ex. P. 1) are that appellant married Ashwini (deceased) on 20-12-2004 and at the time of marriage, appellant was paid Rs. 30,000/- cash, 3 tholas of gold and utensils as varopachara and during Seemant function of the deceased, the appellant was given gold ornaments of 1 thola. Despite the same, appellant used to give ill-treatment to the deceased insisting her to bring more dowry amount from her parental place, the same was brought to the notice of the complainant by the deceased Hence, the appellant was called by the complainant and he was advised not to give such ill-treatment to the deceased. Even then, the appellant did not heed to the advice and was still insisting the deceased to bring money from her parental place and in that regard he was giving ill-treatment to her. The couple were staying in the rented house of one Basavaraj Yadavatti at Dharwad, Gulaganjikoppa nearby Hanuman Temple. It is further stated in the complaint that, on 26-12-2008 at about 4.30 a.m., the appellant with his mobile No. 9448973389 phoned to the mobile of the complainant having No. 9845216245 and informed that Ashwini (deceased) committed suicide and asked him to come immediately. The complainant became perplexed and himself, his wife and other relatives came to Dharwad at about 10.30 a.m. and saw his daughter Ashwini lying dead in the first hall of the said house and she was in a supine position. There were injuries on the front side of the neck and appears to be because of throttling and there was a blackening of the skin at that place. Therefore, the appellant committed the murder of his daughter by throttling and hence, legal action may be taken against him. On the basis of the said complaint, case came to be registered in Dharwad Sub-urban Police Station, Crime No. 246 of 2008 for the offence punishable under Sections 498-A and 302 of IPC against the appellant. The Investigating Officer, after conducting investigation, filed the charge-sheet for the offence punishable under Sections 498-A, 302 and 201 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

(3.) To prove its case, prosecution in all examined 27 witnesses as P.Ws. 1 to 27 and the documents-Exs. P. 1 to P. 24 were produced and material objects M.Os. 1 to 5 were got marked and on the side of the defence, the appellant-accused got himself examined as D.W. 1 and no documents were produced.