MADANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appeal is directed against the Judgment passed in S.C.No.12/2009 by the learned Presiding Officer, Fast Track Court at Ramanagara dated 08/14.09.2010 wherein the accused was found guilty for having committed offence punishable under Section 498A and 306 of IPC and was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/-. In default of payment of fine to undergo simple imprisonment for one month for the offence punishable under Section 498A of IPC. Further to undergo rigorous imprisonment for four years and to pay fine of Rs.1,000/-. In default of payment of fine to undergo simple imprisonment for one month for the offence punishable under Section 306 of IPC.

(2.) Criminal proceedings came to be commenced on the strength of complaint lodged by one Sheila, W/o Rajendra, Ragigudda Slum, J.P.Nagar II Stage, Bengaluru, that was filed at 00.30 hours on 13.09.2008 in Crime No.345/2008 for the offence punishable under Section 498A and 304(B) of IPC. Complainant is a resident of Ragigudda Slum and was residing with her husband. Both are coolies and they have six daughters and two sons. Second daughter Samitha was given in marriage to Madana, S/o Muniswamy of Honniganahatti Dakale. Both were living cordially. They begot one female child that was named 'Madhumitha'. Meanwhile the marriage of Violet Mary, another daughter of complainant was performed in a grand manner. Accused started demanding dowry. His peculiar demand was that complainant to spend the same amount and perform the marriage of the accused. When the complainant stated that the accused was already married he started torturing Samitha and when advised to mend his attitude he hit both the complainant and her husband and children. Samitha had complained about the torture of the accused many times. The complainant told that they are going to advise him.

(3.) Meanwhile the accused shifted his house from Ragi Gudda Slum to Kempegowdanagara, Honniganahatti Dakale. He was torturing Samitha and even he used to beat and stab Samitha with knife. The complainant had not lodged any report by looking the face of her daughter. On 12.09.2008 Samitha committed suicide by hanging with support of veil to the iron angle attached to the roof. A complaint came to be lodged against the accused-Madana and the F.I.R. was registered in Crime No.345/2008 on 13.09.2008 for the offences punishable under Section 498A and 304B of IPC. The investigation was taken up by the police and final report came to be filed against the accused.