K.R.NANDAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and sentence passed by the Presiding Officer, Fast Track Court, Chickmagalur in S.C.No.80/2005 dated 21.06.2010 convicting the appellant-accused Nandakumar for the offences punishable under Section 498-A r/w. Section 34 of IPC besides Section 4 of Dowry Prohibition Act. The same has been challenged in this appeal by urging various grounds.

(2.) The brief facts of the case of the prosecution are as under: Accused Nos. 1 and 2 are the residents of Salagame Road, Hassan. The deceased Ashwini is the daughter of CW1. She was aged 23 years and was working as a nurse in Hassan. The said Ashwini fell in love with first accused Nandakumar and the marriage of deceased Ashwini with first accused Nandakumar took place by way of registered marriage before the Marriage Officer, Mysore South, Mysore on 19.03.2004. Subsequent to the marriage with first accused, for about four months, both of them lived happily. During the month of August 2004 deceased went to the house of her parents in Anajur and told her parents that accused No.1 had already married one Jayalakshmi who is accused No.2 in this case and they have got two children.

(3.) It is the further case of the prosecution that the first accused Nandakumar who married earlier had not told the said fact to deceased Ashwini and by concealing the said fact he had married her. Accused Nos. 1 and 2 were harassing the deceased to go to her parental house and bring a dowry in a sum of Rs.2.00 lakhs. When the deceased went to her parental house and informed the parents about the demand made for dowry, her father, CW1, with great difficulty arranged a sum of Rs.10,000/- and gave it to the deceased and the deceased paid the same to accused No.1. Being not satisfied with the same, accused Nos. 1 and 2 again sent back the deceased to her parental house for fulfilling the demand for dowry made by them and also told her not to come to her matrimonial house without bringing the dowry amount.