THIRUNAVAKARASU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 has preferred this petition, challenging the confirmation of his conviction for the offence punishable under Sections 489(A), 506 read with Sec. 34 of the Indian Penal Code, 1860 and under Sec. 4 of the Dowry Prohibition Act, 1961 (hereinafter for brevity referred to as "IPC" and "D.P. Act" respectively), by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court-IV, Bengaluru, (hereinafter for brevity referred to as "lower Appellate Court"), in Crl.A.No.395/2006, in its judgment dated 04.12.2009.

(2.) The summary of the case of the prosecution is that the complainant lodged a complaint against four accused with the respondent-Police Station. The summary of which is that she was married to accused No.1 on 15.02.1989, as per the customs prevailing upon them. Accused No.4 is the brother of accused No.1, accused Nos.2 and 3 are the parents of accused No.1. The accused have taken Rs. 000.00 as dowry, golden ornaments and also house-hold articles to accused No.1, on demand. After marriage, while the complainant was residing in her matrimonial home, the accused started demanding additional dowry of Rs. 2 lakhs on the pretext of improvement of the business of accused No.1. In that connection, all the accused subjected the complainant to both physical and mental cruelty. They had also put life threat to the complainant and they ousted the complainant from their house. After investigation, the complainant-Police filed charge sheet against accused Nos.1 to 4 for the offence punishable under Sections 498(A), 506 read with Sec. 34 of Penal Code and under Sections 3, 4 and 6 of the D.P. Act.

(3.) During the pendency of the matter for trial, accused Nos.2 and 3 are reported to be dead. Hence, case against them stood abated. Charges were framed by VI Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter for brevity referred to as "trial Court") against accused Nos.1 to 4.