JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court dismissing the appeal filed by the appellant. The appellant was found guilty of offence punishable under Sections 498-A and 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) by the trial court and was sentenced to undergo R.I. for two years and life respectively. Fine was also imposed with default stipulation.

3. The High Court set aside the conviction for the offence punishable under Section 498-A IPC but maintained the conviction under Section 302 IPC and consequently the sentence.

4. The background facts as projected by the prosecution are as follows:

Sumithra (hereinafter referred to as the ‘deceased’), as the daughter of Siddamma (PW-1) and sister of Hosakerappa (PW-6) as well as grand daughter of Hanumawwa (PW-7). She was married to the accused about one year back to the date of incident. After the marriage, Sumithra went to the house of her husband to lead a happy family life. Though initially they led a happy married life, bickerings started between the accused and his wife as he started abusing and ill-treating her on th