Heard the learned counsel for the appellant and the learned Additional State Public Prosecutor.

2. The present appellant is accused No.1. The allegations against the present appellant and his mother, who was arraigned as accused No.2, was that the appellant had married Kaveri about four years prior to the date of the complaint. Their matrimonial home was at Muniyal village. Accused No.1, had secured employment at Mudalgi and therefore, he had taken a house on rent at Laxmi Nagar, Mudalgi, and he were living there with his wife. Accused No.2, the mother of the appellant had also joined them in their matrimonial home. It was the allegations that both accused Nos.1 and 2, used to harass Kavari and ill-treat her and subjected her to cruelty to fetch more dowry and were also suspecting her chastity. It is in this background, that unable to bear the constant cruelty meted out to her, she had committed suicide on 24.12.2007, by setting herself on fire. On the basis of the complaint lodged by the father of Kaveri, proceedings were initiated against the present appellant and his mother, and a case was registered in Crime No.1/2008. After investigation, the accused were charge sheeted alleging the offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity). They were arrested and remanded to custody. After completion of investigation, the matter was committed to the Court of Sessions and a case was registered as S.C.No.103/2008. The accused having pleaded not guilty and having claimed to be tried, the prosecution had examined 16 witnesses as P.Ws.1 to 16, and produced 17 documents, which are marked as Exs.P1 to P17, apart from Material Object M.O.1. The Court below after having recorded the statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'Cr.P.C.', for brevity) and after having heard the rival arguments, had framed the following points for consideration:

“i) Whether accused No.1 being the husband of deceased kaveri, having married her about 4 years prior to her death, brought her to Mudalgi and started living with her in a rented house at Laxmi Nagar and started ill-treating her by subjecting her to cruelty and used to harass her by assaulting her very often by raising objection to her every work and further suspecting her chastity and further having consumed liquor used to assault her thereby subjected her to both physical and mental cruelty which is of such a nature as is likely to commit suicide or to cause hurt to her person, thereby accused No.1 has committed an offence as alleged against him?

ii) Whether the prosecution has further proved beyond doubt that, Kaveri wife of accused NO.1 committed suicide by setting fire on herself in the house of accused No.1 at Laxminager, Mudalgi on 24.12.2007 at about 8.30.p.m. and she committed suicide because of the willful conduct of harassment and ill-treatment towards her by accused No.1, thereby accused No.1 has abated commission of suicide by his wife Kaveri, thereby committed an offence as alleged against him.?

iii) Whether the prosecution has further proved beyond doubt that whether accused No.2 being the mother of accused No.1 has also subjected the deceased Kaveri to cruelty by harassing her and ill-treatment abated Smt.Kaveri wife of accused No.1, to commit suicide on 24.12.2007 in the house of accused No.1, thereby accused No.2 has committed an offence punishable under Sections 498A and 306 read with Section 34 IPC?

iv) For what order?

3. The Court below has answered point No.1, in the affirmative and point Nos.2 and 3 in the negative and had convicted accused No.1, of the offence punishable under Section 498A of IPC and acquitted him of the offence punishable under Section 306 of IPC and acquitted accused No.2, of the offences punishable under Sections 498A and 306, read with Section 34 of IPC, and sentenced the accused No.1-