DUNDAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal calls in question the judgment of conviction and sentence passed by the Fast Track Court-I, Belgaum, by which the two accused namely the husband and the mother-in-law of deceased Sunanda, were convicted for the offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code, 1860. In respect of the first offence, six months rigorous imprisonment was imposed and with regard to latter offence under Section 306 of the IPC, the accused was sentenced to undergo rigorous imprisonment for three years.

(2.) Aggrieved by the aforesaid judgment of conviction and sentence, the accused have come up before this court. It has to be said at the outset that out of the two appellants, the 2nd appellant being the mother-in-law of the deceased, died during the pendency of this appeal and therefore appeal stood abated against her, leaving only the husband who is concerned with this appeal.

(3.) The prosecution case in brief is that the deceased Sunanda was given in marriage to the 1st appellant-Dundayya and it was three years earlier to the death of Sunanda. According to the prosecution, the accused persons used to harass the deceased and were telling her that she was not doing the work properly and the accused also demanded Rs. 20,000 from her and they also threatened the deceased by saying that accused 1 would give her divorce. Unable to bear all these mental harassment and the demand made by the accused, the deceased poured kerosene and set fire to herself on 16.4.1997 and she was taken to the hospital for treatment and she died on the very same day at 10.15 p:m. Based on the complaint said to have been recorded by PW4, a case was Registered leading to the Taluka Magistrate coming to the hospital and recording the dying declaration of the deceased on 16.4.1997 between 3.10 p.m. and 3.30 p.m. as per Ex.P5 and on completion of investigation which included recording of the statement of the parents of the deceased and other witnesses and collecting the death certificate as well as the post-mortem report (Ex.P14) and the FSL Report, finally the charge-sheet was submitted.