CHANDRU BABU MALLAPUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appellantaccused challenging the Judgment of conviction and order of sentence passed by the V Addl. Sessions Judge, Belagavi in S.C.No.65/2010 dated 25.09.2010, whereunder, the appellant-accused was convicted and sentenced for the offences punishable under Section 498-A and 306 of IPC.

(2.) I have heard the learned counsel for the appellant and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that, the daughter of the complainant Pooja @ Savitri was given in marriage to the appellant-accused on 22.02.2009. Thereafter she started living with the appellant-accused by discharging the matrimonial obligations. One month after the marriage, the parents of the accused and his brothers separated the accused and Pooja from the joint family and as such they were residing in the same house in the upper portion which is called as upstairs or Atta. It is the case of the prosecution that the appellant-accused was working in Mahantesh Medical Stores at Bailhongal. He gradually started ill-treating and harassing the deceased on the ground that, without his consent the marriage has been performed and he used to take meals with his parents without caring the deceased in the home. He also not used to provide food for his wife and also not providing any amount for the maintenance of the home. It is the further case of the complainant that the deceased as and when she visited her parents house, she used to inform about the illtreatment and harassment by the appellant-accused. It is the further case of the complainant that the complainant with her aunt went to the house of the accused and advised the accused to treat the deceased in a good manner. Inspite of the same, there was no improvement in his attitude and he was not caring to provide food to his wife and not providing any amount and he used to always tell that against his Will, the said marriage has been performed. The complainant was advising her daughter to tolerate the same which is going to be specified and settled. In that light on 19.08.2019 at about 9 p.m. when PW-4 Smt. Gouravva was at Murugod, received a telephone call from Sri. Babu Mallur that her daughter Pooja has consumed the sleeping tablets and she has been taken to the Government Hospital, Bailhongal. Immediately, she with her husband rushed to Bailhongal Government Hospital, wherein she was undergoing treatment and when they asked about the matter, she disclosed that for the last 3 days, her husband not cared her and even not provided any amount for the home expenditure and if she asks the money, he was threatening to consume sleeping tables. So being fed up with such an attitude of the appellant-accused, she herself has taken sleeping tablets. As per the advise of the Doctor for better treatment, she was shifted to the Belgaum District Hospital, wherein on 20.08.2019 at 11:30 p.m., she died. On the basis of the complaint a case has been registered.