JUDGMENT

Lokeshwar Singh Panta, J. —

1. Leave granted.

2. Appellant-Narayanamurthy (A-1) has filed this appeal against the judgment and order dated 05.12.2006 passed by the Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No.903/2000, whereby and whereunder appeal filed by the State against the judgment and order dated 19.04.2000 passed by the III Additional Sessions Judge, Bangalore City, in S.C. No.178/1995 acquitting the appellant and Shivabhushanamma (A-3), for the offences under Sections 498A and 304B of the Indian Penal Code [for short ‘IPC’] and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961, has been allowed in part and A-1 has been convicted and sentenced under Section 498A and Section 304B, IPC.

3. In all, three accused persons, namely, Narayanamurthy (A-1), his father Kannappa (A-2) and mother Shivabhushanamma (A-3), were tried by the learned III Additional Sessions Judge, Bangalore City, under Sections 498A and 304B of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 [for short ‘DP Act’]. During the pendency of trial, A-2 died. The learned trial Judge found the evidence of prosecution witnesses insufficient and lacking