GOPAL S/O HANAMANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal is directed against the judgment passed by the learned Judge of the Court of Fast Track No.1, Dharwad, in S.C. No. 11/2008 dated 25.03.2010 convicting the accused-appellant herein for the offences punishable u/S 498-A and 306 of IPC. The accused is sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- for the offence punishable u/S 498-A of IPC. In default of payment of fine, the accused shall undergo further imprisonment for a period of one month. The accused is also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- for the offence punishable u/S 306 of IPC. In default of payment of fine, the accused shall further undergo simple imprisonment for five months.

(2.) The proceedings came to be initiated because of the complaint lodged by one Smt. Maremma, aged 55 years, wife of Hanamanthappa Nelaganhalli and it was registered in Crime No. 231/2007 of Vidyagiri Circle Police for the offences punishable u/S 498(A), 306 and 307 of IPC. It is stated that the complainant is the natural mother of the victim-Shobha. Shobha was given in marriage to accused on 02.12.2001. The accused is said to be a driver of a private bus and through the wedlock three children were born to her daughter, out of which, Renuka is aged six years, Jyothi is aged four years, and Harshavardhana is aged two years. The marital life was normal, but for the previous one year to the incident it was disturbed. She was tortured both physically and mentally. She also was beaten. Physical torture has been the order of the day. One month prior to the date of complaint when her daughter came to Hubli, she had whispered the torture inflicted by the accused person. It is also stated that the accused was having an affair with a lady and he used to return home by 2 or 3 am early in the morning. The complainant used to give Rs.500/- to Rs.1,000/- to the victim on many occasions. She also had cleared the loan of Rs.25,000/- that was incurred by the accused. The sister of the complainant who is at Jamkhandi received a telephone to the effect that Shobha, daughter of the complainant, when no other persons were present at home, committed suicide by consuming poison.

(3.) Fir was registered for the offences punishable u/S 498(A), 306 and 307 of IPC as it is stated that the three children to whom Shobha had administered poison, survived from the effect of poison.