The dying declaration of the deceased, recorded by a Tahasildar, was the key evidence that proved the guilt of the accused in the case of dowry harassment and suicide.

JUDGMENT

1. Heard Sri Manoj B., learned counsel for the appellants and learned High Court Government Pleader for the respondent - State and perused the records.

2. Accused who have been convicted in S.C.No.35/2011 by the Principal District and Sessions Judge, Bagalkot by judgment dtd. 14/9/2012 and ordered to undergo sentence have preferred this appeal.

3. Brief facts of the case are as under: A complaint came to be lodged with Hungund Police by Chandappa S/o Mariyappa on 20/12/2010. Gist of the complaint averments reveal that the complainant had six daughters and a son. Among six daughters, third daughter by name Akkamahadevi was married to Sanganagouda s/o Paranagouda (1st appellant) on 16/5/2010. At the time of marriage, Rs.31,000.00 cash and 1 1/2 tola gold ornaments were given as dowry. After marriage, Akkamahadevi joined the matrimonial home. Two months, she was looked after in good manner and thereafter, when she visited parental house, she has complained that the accused had demanded for additional dowry in a sum of Rs.50,000.00 and additional quantity of gold. It was also reported that the accused persons assaulted her physically and given mental torture. On hearing the same, a panchayath was convened wherein the relatives and elders and told accused persons that they don't have money and gold to pay additional dowry and to look after Akkamahadevi in a proper manner. Despite the same, harassment continued.

4. When the matter stood thus, on 12/12/2010, the deceased was not well and therefore, she was brought back to the parental house. On 19/12/2010, 1st appellant telephoned to the complainant and told that the deceased is to be sent back to matrimonial home as they are feeling difficulty in attending day-to-day work. As such, she was sent back to matrimonial home along with his mother and others. On 20/12/2010, at about 7.30 a.m., one of the relatives of the complainant telephoned to the complainant stating that Akkamahadevi has committed suicide by selfimmolation by pouring kerosene on her and litting fire and she has been shifted to Bagalkot Government Hospital. Immediately, the complainant and his relatives visited the hospital and noticed that there were severe burn injuries on the entire body of Akkamahadevi. On enquiry, she revealed that there was a demand for additional dowry and the appellants gave her physical and mental harassment and unable to bear the same, she poured kerosene on herself and lit fire around 6.30 a.m. in the land belonging to the accused.

5. Based on the said complaint, the police registered a case in Crime No.143/2010 for the offences punishable under Ss. 323, 498A, 504 read with 34 IPC and Ss. 3 and 4 of the Dowry Prohibition Act at the first instance. Later, the police received the information that despite the best medical treatment, the victim succumbed to the burn injuries and therefore offence under Sec. 304B IPC was also invoked.

6. Police have investigated the matter and filed charge sheet against the appellants-accused persons for the offences punishable under Sec. 498A, 304B r/w 34 of IPC and Sec. 3 and 4 of Dowry Prohibition Act.

7. The presence of the accused persons were secured before the trial court on receipt of the charge sheet and charges were framed against the appellants and another accused by name Ningamma. Accused persons pleaded not guilty and therefore, trial was held.

8. In order to establish the case of the prosecution, prosecution in all examined 32 witnesses as PWs.1 to 32 and 50 documentary evidence which were exhibited and marked as Exs.P1 to P50. Prosecution further relied on three material objects which were marked as MOs.1 to 3.

9. On conclusion of the prosecution evidence, accused statement as contemplated under Sec. 313 Cr.P.C. was recorded, wherein accused persons denied all the incriminatory materials and did not choose to place any written submission