JUDGMENT :

The present appeal is preferred calling in question the judgment of conviction and order on sentence dated 13.02.2013 passed in Sessions case No.51/2012 by the Prl. Sessions Judge, Bidar.

2. Brief facts of the case are as under:

The deceased is wife of the accused/appellant and their marriage was solemnized before ten years from the date of reporting these offences. The father of the deceased/PW.15 had lodged first information statement on 06.12.2011 stating that his first daughter-Hemavati was given in marriage to the accused ten years before and at the time of marriage dowry amount of Rs.2.00 lakh in cash and 5 tolas of gold along with household articles worth Rs.50,000/was given. The deceased-Hemavati gave birth to three female children. It is stated in the FIS that the accused and his parents, relatives were always giving ill-treatment to the deceased and subjected to deceased into cruelty as the deceased has not begotten male child and were intending to perform second marriage to the accused. It is further stated in the FIS that if the deceased do not bring more money from parents then the deceased was thrown out from the house. Further more, the accused is in the habit of consuming alcohol and was ill-treating the deceased and subjected the deceased into cruelty by physically and mentally and without tolerating the same she has committed suicide.

3. That on 6.12.2011 at 10:00 a.m. PW.15/father of the deceased had received a telephonic message regarding death of deceased in the house of the accused and rushed to the Sonapur village and found dead body with ligature mark on the neck. Therefore, FIS is lodged that due to the cruelty given by the accused and his relatives both physically and mentally and without tolerating the same she has taken extreme step ending her life by committing suicide. Accordingly based on the FIS, crime is registered for the offences punishable under Sections 498A and 306 of IPC.

4. PW.21/Investigating Officer had conducted investigation based on the FIS given by PW.15 and filed a charge sheet for the offence u/s 306 and 498A of IPC. Case is committed by the Magistrate Court to the Sessions Court and in the Sessions Court the case tried. The Sessions Court had framed charge under Sections 498A and 306 of IPC before examination of witnesses and the accused pleaded not guilty and he claims to be tried. Accordingly, the Sessions Court had examined 22 witnesses on behalf of the prosecution and got marked documentary evidence at Exs.P1 to P21 and got marked material objects as MOs.1 to 4. After completion of prosecution side evidence the accused is examined u/s 313 Cr.P.C. and during course examination of accused u/s 313 Cr.P.C. the accused submitted written statement and stated he would lead defence evidence.

5. On behalf of the accused he got marked two witnesses as DWs.1 and 2 and has produced the documentary evidence at Exs.D1 to D6 as defence evidence. After full fledged trial the Sessions Court has passed judgment acquitting the accused for the offences punishable under Section 306 of IPC but convicted the accused under Section 498A of IPC thus imposed rigorous imprisonment for a period of 2 years with fine amount of Rs.10,000/in default to pay fine amount he shall further undergo simple imprisonment for a period of 6 months and further ordered that the accused shall pay a sum of Rs.1,00,000/as compensation to the mother of the deceased.

6. Challenging the judgment of conviction and order on sentence above stated, the accused preferred the present appeal by raising various grounds that the prosecution does not have any independent witness to prove the charges but only relative witnesses who are mother, father, uncle and brother, thus they are highly interested witnesses and they are not found to be believable. Therefore, prayed to set aside the judgment of conviction and order on sentence.

7. It is submitted that, the prosecution witnesses are PWs.1, 2, 3, 4, 8, 9, 10, 11, 12, 13 are treated