(1.) This appeal is directed against the judgment convicting the accused / appellant in S.C.No.25/2011 on 29.02.2012 for the offence punishable under Section 302 IPC and sentencing him to undergo life imprisonment and also to pay a fine of Rs.5,000/- and in default to pay fine, to undergo simple imprisonment for a period of six months by the II Additional Sessions Judge, Mysore.
(2.) Earlier, the case was registered against Accused Nos.1 to 5 for the offences punishable under Section 498-A, 302 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Accused Nos.2 to 5 were acquitted by the learned Sessions Judge. Whereas Accused No.1, the husband of the deceased who is the present appellant, was convicted only under Section 302 IPC and acquitted under Section 498-A read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
(3.) The substance of the complaint filed by Kariyaiah on 10.05.2010 which is registered in Crime No.210/2010 for the offence stated above is that, Chandramma who is the daughter of Kariyaiah was given in marriage to Accused No.1 Venkatesha of Beerithammanahalli village, Hunsur Taluk. Accused No.2 is said to be the mother of Accused No.1 and Accused Nos.3 to 5 are said to be the close relatives of Accused Nos.1 and 2 who were very often visiting the house of the accused. Soon after the marriage of Chandramma with Accused No.1, both of them are said to have led a happy married life initially for a period of three to four months. Trouble started brewing when Accused Nos.1 and 2, at the instigation of Accused Nos.3 to 5 started demanding for additional dowry from Chandramma's father and started to give physical and mental torture to her.