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2021 Supreme(Kar) 912

IN THE HIGH COURT OF KARNATAKA
K.SOMASHEKAR, J.
Girish – Appellant
Versus
State Of Karnataka – Respondent
Criminal Appeal No. 1305 of 2010
Decided on : 17-09-2021

Advocates:
Advocate Appeared:
S.G.Rajendra Reddy, Advocate, Rahul Rai K., Advocate, R.Nalina, Advocate

Headnote:

Dowry Prohibition Act, 1961 - Ss. 3, 4, 6 - IPC - Ss. 304(B), 498 A r/w 34 - Appeal against conviction and sentence - Deceased wife of appellant No.1 committed suicide by hanging due to dowry harassment - Trial Court convicted appellant Nos.1 to 3 for offences under Ss. 3, 4 and 6 of the Dowry Prohibition Act, 1961 and for offences under Sec. 498 A r/w Sec. 34 of the IPC - Appellant No.1 was also convicted for offences under Sec. 304(B) of IPC - High Court re-appreciated the evidence and found that the prosecution had proved the guilt of appellant No.1 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act, 1961 and for offences under Sec. 498A and 304 B r/w Sec. 34 of the IPC - However, the High Court found that the prosecution had failed to prove the guilt of appellant Nos.2 and 3 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act and Sec. 498A of the IPC - Accordingly, the High Court dismissed the appeal preferred by appellant No.1 and allowed the appeal preferred by appellant Nos.2 and 3.

Fact of the Case:

The deceased, wife of appellant No.1, committed suicide by hanging due to dowry harassment. The Trial Court convicted appellant Nos.1 to 3 for offences under Ss. 3, 4 and 6 of the Dowry Prohibition Act, 1961 and for offences under Sec. 498 A r/w Sec. 34 of the IPC. Appellant No.1 was also convicted for offences under Sec. 304(B) of IPC.

Finding of the Court:

The High Court re-appreciated the evidence and found that the prosecution had proved the guilt of appellant No.1 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act, 1961 and for offences under Sec. 498A and 304 B r/w Sec. 34 of the IPC. However, the High Court found that the prosecution had failed to prove the guilt of appellant Nos.2 and 3 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act and Sec. 498A of the IPC.

Issues: None

Ratio Decidendi: The High Court held that the prosecution had proved the guilt of appellant No.1 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act, 1961 and for offences under Sec. 498A and 304 B r/w Sec. 34 of the IPC. However, the High Court found that the prosecution had failed to prove the guilt of appellant Nos.2 and 3 for offences under Ss. 3, 4, 6 of the Dowry Prohibition Act and Sec. 498A of the IPC.

Final Decision: The High Court dismissed the appeal preferred by appellant No.1 and allowed the appeal preferred by appellant Nos.2 and 3.

JUDGMENT :

1. The appeal is directed against the judgment of conviction and order of sentence rendered by the Presiding Officer, Fast Track Court, Ramanagara in S.C.No.193/2005 dtd. 12/11/2010/25/11/2010, convicting Appellant Nos.1 to 3/Accused Nos.1 to 3 for the offences punishable under Ss. 3, 4 and 6 of the Dowry Prohibition Act of 1961 and so also for offences under Sec. 498 A read with Sec. 34 of the IPC. Apart from the same, Accused No.1 was also convicted for offences under Sec. 304(B) of IPC, 1860 and sentencing them to undergo punishments as incorporated in the operative portion of the impugned judgment.

2. This appeal is filed seeking for setting aside the judgment of conviction rendered by trial Court in S.C.No.193/2005 dtd. 12/11/2010 so also sentence held against the accused dtd. 25/11/2010.

3. Heard the learned counsel Sri. S. Rajendra Reddy for appellant Nos.1 to 3 and the learned HCGP for respondent No.1. In this matter, respondent No.2 who is complainant is represented by the learned counsel Smt. R.Nalini who is on record.

4. It transpires from the case of the prosecution that P.W.12 Thimmappaiah who is none other than father of the deceased Smt. Dhanalakshmi is the complainant. He is said to have approached the PSI, who is examined as P.W.30/Yelagaiah on 11/1/2005 at around 5.00 A.M. and he had filed his written complaint as per Ex.P.4 by narrating the allegations against the accused stating that his daughter Smt. Dhanalakshmi aged about 24 years was given in marriage to accused No.1 Girish @ Giriraju about 5 years back and their marriage was performed as per the customs prevailing in their society. At the time of her marriage with the accused No.1, the complainant had provided dowry in terms of cash of Rs.50,000.00 and gold jewellery weighing 200 grams.

5. Subsequent to her marriage with the accused No.1, she was blessed with two female children namely Bhoomika aged about 3 years and Yashoda aged about 9 months. The deceased Smt. Dhanalakshmi was residing with her husband/accused No.1 and minor daughters in a rented house at Byramangala village in Bidadi limit. It is stated in the complaint that his daughter along with accused No.1 Sri. Girish used to visit them often and whenever his daughter Dhanalakshmi visited the complainant's house, that she used to complain about her husband Girish that he was continuously compelling and harassing her to get a site at Bengaluru from her parents. Though Girish was by avocation a Teacher in Government School, he was always demanding her to get a site at Bengaluru from her parents. Further, Girish was also ill-treating her often by telling that she had given birth to two female children. Later that he had started threatening to take away her life if her parents did not provide a site to him at Bengaluru. When Dhanalakshmi conveyed the same to her parents, a panchayath was constituted in that regard and the accused was suitably advised by the panchayatdars and the matter was conciliated about a month prior to the incident. However, on 10/1/2005 at about 4.00 p.m., the complainant/Thimmappaiah had received a phone call from his relative saying that his daughter had committed suicide by hanging by means of a saree. Subsequent to receipt of information about the death of his daughter Smt. Dhanalakshmi, C.W.1- Thimmappaiah along with his children and others have rushed to the place where his daughter Smt. Dhanalakshmi had been residing with her husband accused No.1/Sri. Girish and on seeing the dead body of his daughter in front of the rented house situated at Byramangala, Bidadi limit, he had proceeded to file a complaint before the police. On the strength of the complaint given by the complainant, PW-30/Yelagaiah, the then PSI of Bidadi Police Station, has registered a case in Cr.No.17/2005 against the accused No.1 for offences punishable under Ss. 498A, 304B IPC by recording an FIR as per Ex.P.19. Subsequent to criminal law being set into motion by registering a case Cr.No.17/2

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