Point of Law : It is quality and not quantity, which determines the adequacy of evidence as has been provided by Section 134 of the Evidence Act, 1872.

JUDGMENT :

K. Somashekar, J.

This appeal is directed against the judgment of conviction and order of sentence passed by the Principal District and Sessions Judge at Raichur in S.C.No.73/2014 dated 27.12.2017 whereby the accused No.4 namely Sri Gangappa is convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- for the offence punishable under Section 302 of Indian Penal Code, 1860 with default clause and to undergo rigorous imprisonment for three years and to pay a fine of Rs.25,000/- for the offence punishable under Section 498A of Indian Penal Code, 1860 with default clause, which is incorporated in the operative portion of the order.

2. This appeal is filed challenging the judgment of conviction rendered by the trial Court and seeking to allow the appeal and consequently setting aside the conviction held against accused No.4 in S.C.No.73/2014 and to acquit the accused of the offences punishable under Sections 498A and 302 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC' for short).

3. Heard learned counsel Sri Arun Choudapurkar for appellant/accused No.4 and the learned Additional State Public Prosecutor for respondent/State. Perused the judgment of conviction rendered by the trial Court in S.C.No.73/2014.

4. Factual matrix of the appeal:

It transpires from the case of the prosecution that the marriage of Smt. Sridevi was performed with accused No.4 namely Gangappa about 11 years ago and after her marriage, she was residing in the house of her husband. At the time of her marriage, the accused had demanded dowry in gold jewellery and cash. Accordingly, received dowry of Rs.50,000/-cash and gold jewellery weighing 4 tolas and also household articles worth Rs.1,20,000/-. After her marriage with accused No.4 Gangappa, the deceased was blessed with a son namely Mounesh. After her marriage when she was residing in the house of her husband along with father-in-law, mother-in-law and brother-in-law. The accused used to demand from her to bring additional dowry from her parents' house, saying so the accused were subjecting her to physical as well as mental harassment. On 19.02.2014 her brother-in-law who is arraigned as accused No.5 visited the place of Hutti on the pretext of celebrating a fair festival of Renukamma Yellamma at Neermanvi and brought her from her parental house to the matrimonial house situated at Neermanvi. On 24.04.2014 at about 7.15 p.m. while the deceased Smt. Sridevi was on the first floor of the house of accused No.4, her husband picked up a quarrel with his wife Sridevi by suspecting her character and fidelity and to eliminate her on suspicion of her fidelity, accused is alleged to have assaulted Sridevi using the wooden leg of the cot on her right ear, the backside of the right ear, on the head, forehead and her face. As a result of the assault Smt. Sridevi sustained severe bleeding injuries. When the accused No.4 was assaulting the deceased, she raised alarm and on hearing her scream, one Panduranga and Gopal rushed to the scene of the crime on the top floor of the house of the accused No.4. On seeing them, accused No.4 fled from there. It is further stated that the injured Sridevi was taken to hospital for providing treatment by Nagappa and Gopal. However on the way to the hospital at Kurdi Cross she breathed last. Subsequently, the dead body of Smt. Sridevi was taken back to her matrimonial home.

5. Kanakappa Gouda father of the victim filed a complaint and the criminal law was set into motion by registering the case in Crime No.66/2014 for the offences punishable under Sections 498A, 504 and 302 read with Section 149 of IPC, besides Sections 3 and 4 of the Dowry Prohibition Act, 1961. After a criminal case, by a recording of an FIR, Investigating Officer takes up the case for investigation and filed a charge sheet against the accused before the committal court.

6. After passing of committal order as contemplated under Section 209 of Cr.P.C., by following