NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.02.2014 passed by the II Addl.District and Sessions Judge, Mysuru in S.C.No.107/2012 convicting the accused for the offences punishable under Sections 498A and 302 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The accused was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for four months for the offence punishable under Section 498A IPC; further, he was to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine he was to undergo simple imprisonment for eight months for the offence punishable under Section 302 IPC; to undergo five years simple imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for four months for the offence punishable under Section 3 of the DP Act and finally, to undergo one year simple imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for four months for the offence punishable under Section 4 of the DP Act. The sentences were to run concurrently.

(2.) Heard the learned counsel for the appellant / accused and the learned Additional SPP for the State and perused the impugned judgment passed by the court below.

(3.) The factual matrix of the appeal is as under: It is the case of the prosecution that deceased Sakamma @ Neelamma got married to the accused on 09.11.2008 at Ambedkar Bhavan, Ullahalli Hobli, Mysore Taluk according to the customs which prevailed in their community. Since the accused / appellant's wife was no more, at the intervention of his relatives, it is stated that he married the deceased Sakamma, which was a second marriage and the accused was related to the deceased. At the time of marriage, the accused was said to have been provided cash in a sum of Rs.5,000/- and a gold ring as dowry by the parents of the deceased. The deceased Sakamma and the accused are said to have led a happy marital life for a period of two years and they had a daughter aged two years from the marriage. The complainant being the father of the deceased Sakamma had intended to sell his landed property to perform the marriage of his third daughter. The accused Nagaraja having come to know about the same, started pestering Sakamma to urge her father to buy him a tractor or an auto rickshaw. The accused is said to have given physical and mental harassment to Sakamma regarding this aspect. In turn, the deceased Sakamma had informed her father - the complainant about her husband's harassment asking her to get money from him to buy a tractor or an auto rickshaw. In order to put an end to his harassment, the complainant along with other elders of the family had gone to Rampura, the village of the accused and a panchayath is also said to have been held in this regard. The panchayathdars are also said to have advised the deceased and the accused to lead a happy and cordial matrimonial life and after advising them, the complainant and others are said to have returned to their village. But however, on 18.11.2011 at about 11 p.m., the complainant got information from Javaraiah, his relative to the effect that Mudduramaiah of Rampura Village had called him up and informed that the accused Nagaraja had poured kerosene on the complainant's daughter Sakamma and set her on fire. On receiving the message, the complainant and others had rushed to the house of the accused and found that the deceased had sustained burn injuries all over her body and died. On enquiring, he came to know that the accused Nagaraja had assaulted his daughter Sakkamma with an electric water heater on her left cheek, as a result of which she became unconscious. After she became unconscious, the accused is said to have doused kerosene on her and set her ablaze, and due to severe burn injuries, Sakamma succumbed to the injuries on the same day.