Prosecution failed to provide sufficient evidence to substantiate claims of dowry harassment leading to suicide, rendering conviction under IPC Sections 498A and 306 unsustainable.

JUDGMENT :

G.BASAVARAJA, J.

Appellants who are accused before the trial Court, have preferred this appeal against the judgment of conviction dated 31^st July, 2014 and order on sentence dated 16^th August, 2014 passed in SC No.157 of 2012 by the V Additional District and Sessions Judge, Tiptur (for short "the trial Court).

2. For the sake of convenience, the parties herein are referred to as per their rank before the trial Court.

3. Facts leading to this appeal are that Deputy Superintendent of Police, Tiptur Sub-Division, Tiptur laid charge-sheet against the accused for the offence punishable under Sections 498A and 306 of Indian Penal Code and under Sections 3, 4 and 6 of Dowry Prohibition Act.

4. It is the case of the prosecution that Shruti, daughter of PWs1 & 2, was given in marriage to accused No.1 and the marriage was solemnized at PGM Kalyana Mantapa, Tiptur on 23^rd November, 2009 as per Hindu customs and rites. Two months prior to the marriage, engagement conducted. By that time accused received an amount of Rs.1,50,000/- towards dowry. About fifteen days prior to marriage, the accused has received Rs.1,50,000/- dowry and at the time of marriage about 400 grams of gold arguments, as demanded prior to marriage, was given. After some days of marriage, accused No.1 being her husband, and accused No.2 aunt of accused No.1, treated deceased Shruti with cruelty, both physically and mentally for unlawful demand of dowry. Being unable to bear the physical and mental torture, on 8^th November 2011 at about 10.00 am, in the room situated on the upstairs of the House of her father, H.K. Shivadhyani, Shruti committed suicide by hanging to the beam of window of the room and soon before her death, she was subjected for death physically and mentally by the accused. The accused has received a sum of Rs.3,25,000/- from Karnataka Bank account and PW2, Sulochana through HDFC Bank, and on different dates the accused has received Rs.6.00 lakh from CW1. So also, about two and a half months prior to the marriage, as per marriage negotiation, accused received both money and gold Jewellery, so also, the further demand of dowry amount from her parents, on several occasions. After the death of Shruti within three months after marriage, accused have not transferred the dowry to the parents of Shruti or had used the said amount for the welfare of their daughter. Thus the accused have committed the alleged offences.

5. After committal, case was registered in SC No.157 of 2012. Upon hearing on charges, the trial Court has framed charges for commission of offence punishable under Section 498A and 304B of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act. The same were read over and explained to the accused. Having understood, the accused pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution, in all, examined 16 witnesses as PWs1 to 16, 27 documents were marked as Exhibits P1 to P27 and six material objects were marked as MO1 to MO6. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure was recorded. Accused totally denied the evidence of prosecution witnesses, but have not chosen to lead any defence evidence on their behalf. Having heard the arguments on both sides, the trial Court acquitted the accused for offence under Sections 3, 4 and 6 of Dowry Prohibition Act, however, convicted the accused for offence punishable under  Section 498A and 306 read with Section 34 of Indian Penal Code. Accused No.1 was sentenced to undergo rigorous imprisonment for a period of 2 years 9 months and to pay fine of Rs.50,000/- and in default of payment of the