BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant Basavaraj S/o. Kampuguddayya alias Annayya has been convicted for offences punishable under Sections 323, 498-A, 304-B and 302 of the Indian Penal Code, 1908, (for brevity 'the IPC') and Sections 3 and 4 of the Dowry Prohibition Act, (for brevity 'the D.P Act'). He has been sentenced to undergo life imprisonment for the offence punishable u/S. 302 of IPC, apart from directing him to undergo sentences in respect of commission of other offences for different period and all the sentences are ordered to run concurrently.

(2.) Facts involved in the case, stated in nutshell are that:-

(3.) Based on the complaint lodged by Sri.Ganganarasayya, father of deceased Ratnawwa on 29.07.2010 at about 12.00 p.m, Lakshmeshwara Police, initially, registered a case in crime No. 67/2010 for the offences punishable u/Ss. 323, 504, 498-A, 307, Penal Code and Sections 3 and 4 of the D.P. Act. In the complaint, Ganganarasayya stated that four years prior to the incident, his daughter Ratnawwa married the accused. At the time of marriage, a sum of Rs. 2,00,000.00 had been given as dowry apart from jewelleries worth Rs. 3,00,000.00; three months after marriage, accused secured a job in KEB as lineman and in that connection, he had demanded Rs. 2,00,000.00 from Ratnawwa. He alleged that Ratnawwa was being harassed and was sent to her matrimonial home to bring the said amount of Rs. 2,00,000.00. The complainant claims to have given Rs. 1,00,000.00 to his daughter and sent her back to her husband's house. Thereafter, the accused started harassing Ratnawwa, stating that complainant did not pay remaining amount of Rs. 1,00,000.00. It was further alleged that accused insisted his daughter to terminate her pregnancy and told her to pour kerosene oil on herself and end her life; on 26.07.2010, when he was in his house, he received phone call from his eldest daughter Lakshmawwa who informed him that Ratnawwa had suffered burn injuries and had been admitted to KIMS Hospital, this information was given to Lakshmawwa by the friend of Ratnawwa's husband at 11.00 a.m on 26.07.2010, thereafter, he reached KIMS Hospital along with his eldest daughter Lakshmawwa and others at Hubli, he saw his daughter Ratnawwa who had sustained burn injuries all over her body, on enquiry, she narrated to him that on 26.07.2010 at about 9.00 p.m, when she was in kitchen, her husband stated that she did not bring money from her father and told her to die by pouring kerosene on herself and by setting herself on fire, when she refused to heed to his suggestion, the accused himself poured kerosene oil and set her ablaze, she started screaming, neighbourers arrived and shifted her to the Hospital, as, her husband was present in the Hospital at the time when the police came to record her statement, out of fear, she had stated before the police that she had suffered burn injuries accidentally, but the truth was that her husband had poured kerosene on her and set her ablaze.