CHOODALINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant who was accused No.1 in the Court of the Principal City Civil and Sessions Judge, Bengaluru (hereinafter referred to as "Trial Court" for brevity) in a common judgment dated 29-06-2017 passed in S.C.No.1586/2011 was convicted for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961, (hereinafter referred to as the "D.P. Act" for brevity) and under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity) and was sentenced accordingly. Challenging the said judgment of conviction, the appellant/accused No.1 has preferred this appeal seeking his acquittal from the aforesaid offences.

(2.) The summary of the case of the prosecution is that PW-1, Malave Gowda had lodged a complaint with the respondent - Police on 01-11-2010, the summary of which complaint is that his second daughter by name Madhushree (deceased) was given in marriage to appellant/accused No.1 on 31-03-2004. At the time of marriage, valuables in the form of cash and gold were given as dowry. After marriage, the deceased Madhushree went to her matrimonial home and was staying with her husband and in-laws. Two years after her marriage, her husband and in-laws started subjecting her to cruelty demanding for additional dowry. Due to the constant demand made by them, the complainant (PW-1) who is the father of the deceased was compelled to purchase a portion of the Site bearing No.24/A, 3rd Cross, Vinayaka Layout, Nayandahalli for a sum of Rs.90,000/- and got it registered in favour of his son-in-law, i.e., accused No.1. Subsequently, the complainant was also obliged to put up a shed in the said site where the accused No.1 and his wife(deceased) started living with their minor son Vikas. According to complainant, the deceased was telling them about the cruelty and harassment for which she was subjected to by her husband and in-laws.

(3.) After completing the investigation, the Police filed the charge sheet against accused Nos.1 to 3 for the alleged offences. Charges were framed. Since the accused pleaded not guilty, the trial was held, wherein the prosecution in order to prove the alleged guilt against the accused, examined PW-1 to PW-16 and got marked documents from Exs.P1 to P21 and Material Objects from MO-1 to MO-10.