Budihal R.B., J.

The accused has preferred this appeal being aggrieved by the judgment of conviction dated 31-3-2011 passed by the Fast Track Court - XV, Bengaluru, in S.C. No. 954 of 2008 convicting him for the offences under Sections 498-A and 302 of Indian Penal Code, 1860. The accused was sentenced to undergo simple imprisonment for three years for the offence under Section 498-A of IPC and to pay fine of Rs.10,000/- and in default of the same, he has to undergo simple imprisonment for three years. The accused was further sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of IPC and liable to pay fine of Rs. 10,000/- and in default of payment of fine, he has to undergo simple imprisonment for three months.

2. Case of the prosecution in brief is that P.W. 2-one H.K. Doddegowda, lodged the complaint as per Ex. P. 3 alleging that his daughter Kousalya alias Geetha i.e., the deceased was given in marriage to L. Chennappa, the appellant-accused, who at the time of the marriage was doing the driving work. At the time of marriage, clothes and ornaments were given to the accused and at their expenses, performed the marriage. It is alleged that after the marriage, for some days, the accused looked after the wife properly and thereafter, started to give ill-treatment and harassment insisting her to bring more dowry amount and also for vehicle. Because of the ill-treatment P.W. 2, by mortgaging his house property and with the loan amount, gave Tempo Traveller vehicle to the accused. Since 2002, the accused was insisting the deceased that the said vehicle be transferred to his name and in that connection, he was ill-treating her and because of the same, daughter of the complainant, consumed poison and she was admitted to hospital. The Srirampur Police recorded statement of the daughter of the complainant registered the dowry case and in the said criminal case, charge-sheet was also filed by the police. As the accused assured that he will look after his wife properly and thinking that his daughter's life may be happy, the case was compromised between the accused and the deceased. About two years back, the appellant-accused sold the said vehicle. As it was difficult for the accused to lead the life with his wife and two children, he brought them to the house of the complainant and left them in the second floor of the house. Four months earlier to the incident, the appellant-accused also came to the said house and stayed with the deceased and children in the second floor of the house of the complainant. Even at that time also, he was giving ill-treatment to the deceased insisting her to get the house property into his name. The complainant told the accused that they will get a house for him but even then, the accused was giving ill-treatment to the daughter of the complainant. On 7-4-2008 as it was the Lgadi festival, at 11.00 p.m., the accused came to the house of the complainant and after having the dinner and as there was galata between the accused and his wife, the complainant and his family members went to the accused and consoled him. On 8-4-2008 morning at 7 a.m., the complainant went to the second floor of the house to take bath, the room where his daughter, children and accused were sleeping was kept open and the complainant enquired with his grandchildren as to where was their mother and the children informed that they do not know as to where she has gone. The kitchen by the side of the said room was locked. The complainant thought that his daughter and her husband might have gone somewhere. The complainant's son Shivaswamy also enquired about the daughter of the complainant and at 3.30 p.m. on the same day, the appellant-accused called from his mobile phone to the mobile phone of the son of the complainant and told him that on the previous day night itself, he has murdered the deceased and abused the son of the complainant in filthy language. Then the complainant and his son became pa