BASAVARAJUKAR Vs. STATE BY KYATASANDRA POLICE STATION

JUDGEMENT

(1.) The deceased and Accused No.1 were married on 01.11.2007 at S.L.R. Kalyana Mantappa, Nagamangala. Accused No.2 is the sister and Accused No.5 is the brother of Accused No.1. Accused Nos.3 and 4 are the parents of Accused No.1. At the time of marriage, the accused demanded and received dowry in a sum of Rs.50,000/-, a gold chain, a gold finger ring and gold ornaments weighing about 120 grams. Thereafter, for a few years the husband and wife lived happily. Subsequently, the accused persons started ill-treating the deceased. They started demanding more dowry. As a consequence, a complaint was lodged by the deceased before the Police and at the intervention of the Police, the dispute was settled and accused no.1 and the deceased formed a separate residence at Bandihalli and they were residing together.

(2.) Pw-1 is the complainant. She is the neighbour and the landlord of the house the deceased and the accused. She has stated that on 23.04.2009 i.e., on the date of the incident, the deceased came to her house at about 7.00 7.30 a.m. and had tea and went back to her house. Thereafter, the complainant went to the Polling Booth to cast her vote for the Lok Sabha Election. When the complainant was returning back to her house, she noticed accused No.1 leaving the house on his two9 wheeler. The door of the house of the accused was slightly opened. Thereafter, the complainant entered the house and found the dead body of the deceased. She lodged a complaint, based on which, a case was registered in Crime No.111 of 2009. Investigation was taken up. On completing the investigation, the charge-sheet was filed and five accused persons were charged for the offences punishable under Sections-3 and 4 of the Dowry Prohibition Act, and under Sections - 498A and 302 of the Indian Penal Code.

(3.) In order to prove its case, the prosecution examined in all 36 witnesses and marked 22 Exhibits, along with seven material objects. The defence produced Exhibit-D1, namely, the statement of Accused No.2. The accused pleaded not guilty and claimed to be tried. By the impugned judgment, the trial court convicted and sentenced the accused as follows: