IMPORTANT POINT
For an offence u/s 498-A IPC cruelty need not be inform of demand for dowry and Sections 498-A and 304-B creat distinct offences and a person charged u/s 304-B can be convicted u/s 498-A IPC without being convicted u/s 304-B IPC.

JUDGMENT

Kumar Rajaratnam, J. - The State being aggrieved by an order of acquittal recorded by the Trial Court in S.C. No. 25/1990 in acquitting A-1 and A-2 for offences punishable under Sections 498A and 304-B read with 34 IPC has presented this criminal appeal.

2. The case of the prosecution was that deceased Amarawwa got married to A-2 Shivanand on 10-5-1987. The marriage took place in the house of A- 1 Balappa. Deceased Amarawwa was sent to the house of A-2 after the marriage ceremony, A-1 isthefatherofA-2, A-1 the father and A-2-the husband of the deceased were living together.

3. Prior to the marriage there was an engagement agreement dated 28-41986. This engagement agreement was referred to as per custom as a settlement deed. The settlement deed is marked as Ex. P-1. According to the settlement deed, it was agreed that a sum of Rs. 2000/- one tola-gold and one wrist, watch was to be given to the husband-A-2. A-1 the father was to give two sarees one gold borimala sara and one pair of gold ear tops (Bandavali) to the deceased Arparawwa. Presumably both sides exchanged the gifts as mentioned in Ex. P-1. As stated earlier, the marriage of the deceased and A-2 took place on 10-51987.

4. Two months after the marriage the deceased Amarawwa came to her parent's house on the occasion of 'Nagapanchami'. At that time, P.W. 1 the brother of the deceased asked the deceased about her welfare. The deceased complained that A-1 had got weighed the gold ring and the accused found out that it was less than one tola. P.W. 1 also stated that the deceased complained to the mother of the deceased P.W. 5 that she was being ill-treated P.W. 1 stated that he made good the gold ring by giving the accused two grams of gold. The accused, according to the P.W. 1 also complained that the watch that was given to A-2 was not up to his liking. P.W. 1 stated that he got the watch exchanged and gave a H.M.T. watch in return to the watch that was originally given. Some time later also there was talk that the accused were not treating the deceased properly. Thereafter, P.W. 1 went to the house of the accused at Bannigol to find out as to how the deceased was being treated. The deceased told P.W. 1 that the accused are beating her and that they are not giving her proper food. P.W. 1 advised the accused not to behave in this fashion.

5. After about 2 or 3 months the deceased became pregnent. The accused sent a message to P.W. 1 and P.W, 5 (the mother of the deceased) to perform the 'kubsa' ceremony. According to the P.W. 1, P .W. 5 and himself went to the house of the accused to perform the 'kubsa' ceremony. P.W. 1 also stated that the accused demanded one tola of gold and new clothes to A-2. However. P.W. 1 declined to oblige the accused. P.W. 1 brought the deceased to his house for delivery. In the house of P.W. 1 the deceased delivered a female child. P.W. 1 sent word to A-I and A-2 to come and perform the cradle ceremony. The accused and their family members did not attend the cradle ceremony. Five months after the cradle ceremony P.W. 1 sent word to the accused to take his sister deceased Amarawwa to their house. However, A-1 and A-2 did not come and fetch the deceased. After nine months A-1 and A-2 sent word expressing their wish to take Amarawwa back to their house. Amarawwa was sent to the house of A-1. However, neither P.W. 1 nor P.W. 5 accompanied the deceased when she went to the house of A-I. According to P.W. 1 about 15 days after Amarawwa went back to her matrimonial home the accused started troubling her. P. W. 1 offered to get his surrender salary of one month and purchased gold and clothes for A-2.

6. On 15-6-1989 P.W. 1 received a message that Amarawwa committed suicide. When P.W. 1 arrived at Bannigol village, he found that the dead body of Amarawwa was kept on the bank of a stream and was ready for cremation. P.W.1 also stated that as per the Kuruba community the dead bodies are buried and not cremated.

7. P.W. 1 questioned A-1 and A-2 bu