Judgment :

Dr. Mukundakam Sharma, J.

1. The present appeal arises out of the judgment and final order passed by the High

Court of Karnataka at Bangalore whereby and whereunder the High Court set aside the judgment and order of acquittal passed by the I Addl. Sessions Judge, Belgaum under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short `the IPC). However, the High Court maintained the order of acquittal passed by the trial court under Section 498-A IPC.

2. In order to appreciate the contentions advanced by the parties and legal issues involved, it is necessary to state brief facts of the case :

Deceased Shoba was the daughter of the sister of Somappa Irappa Hunji (PW-1). As the mother of the deceased Shoba was suffering from typhoid fever after six months of the birth of Shoba, Shoba was being maintained and looked after by PW-1. Shoba studied upto VII standard. Subsequently, PW-1 arranged the marriage of deceased Shoba with one Prakash (PW-5) as per their customs when she was 18 years old. PW – 1 gave certain articles and Rs. 5,000/- at the time of her marriage. For about 6 months after the marriage both Shoba and her husband were living happily. Thereafter