NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appeal is directed against the Judgment passed by the learned V Additional District and Sessions Judge, Mysuru, in S.C.No.148/2009 dated 28.10.2010 wherein the accused Nos.1 to 4 faced the trial for the offence punishable under Section 304B, 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act.

(2.) The accused persons 1 to 4 were acquitted for the offence punishable under Sections 304B read with Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act and were convicted for the offence punishable under Sections 498A IPC.

(3.) The complaint marked as Ex.P.1 is filed by one Rajshekar s/o Chikkamadaiah of Chikkanandoddi Village, Malavalli Taluk. His only daughter Roopa was given in marriage 2 years prior to lodging of complaint between Nagesh s/o Somaiah as per the formalities and rituals. At the time of marriage, the groom was given dowry in the form of 5 gms gold finger ring, 10 gms gold neck chain and Rs.25,000/- cash and the marriage was performed in the house of the groom at Talkad. Spouses were cordial for few beginning days but there developed a misery and trauma to the daughter of the complainant. In this connection, it is stated that Cheluvamma mother-in-law, Mahadevamma sisterin- law were finding fault and torturing the victim for every trivial matter. His daughter used to express her grievances before the complainant and in this connection a panchayat was convened and accused was advised and was asked to look after Roopa as a husband. Despite, the torture and mockery by the accused continued by asking Roopa as to what kind of dowry she had brought and the accused used to compel her that she should bring some more dowry. Her mother-in-law used to tell her that if she dies, she would get a better choice for her son and she was joined in saying so by Somaiah also. On 06.10.2008 at 3.00 PM, the daughter of complainant was reported to have committed suicide by hanging and as it took time for the complainant to arrive from Malavalli, the report was lodged at 10.30 PM. With this a criminal case came to be registered in Crime No.84/2008 for the offence punishable under Sections 304(B) read with Section 34 IPC and Sections 3 and 4 of D.P.Act. The necessary formalities of inquest mahazar at Ex.P.2 on 07.10.2008, spot mahazar in the intervening night of 6th and 7th/10/2008 as per Ex.P.8, seizure mahazar as per Ex.P.10 for seizing the gold jewellery produced by A1 dated 7.10.2008.