JUDGMENT

This appeal is directed against the judgment and order dated 02.08.2014 passed in SC No.100/2010 by the VII Addl. District and Sessions Judge, Belagavi sitting at Chikkodi (hereinafter referred to as ’Trial Court’) wherein the appellant convicted for the offence under Sections 498A and 306 of Indian Penal Code(hereinafter referred to as ‘IPC’) and sentenced to undergo simple imprisonment for a period of 3 years and with a fine of Rs.10,000/- in default of which, to undergo simple imprisonment for a period of six months for the offence under Section 498A of IPC and to undergo imprisonment for a period of 3 years and with fine of Rs.15,000/-, in default of payment of fine to undergo simple imprisonment for a period of 8 months for the offence under Section 306 of IPC. The said impugned judgment challenged in this appeal.

2. Briefly, the facts relevant for the purpose of disposal of this appeal are as follows:

The marriage between appellant-accused No.1 and Smt.Jayashree alias Roopa (hereinafter referred to as ‘deceased’) was solemnized 1½ year prior to 12.12.2009 and after marriage the appellant/accused No.1 being the husband of deceased used to ill-treat her both physically and mentally in the matrimonial home along with his parents and brother i.e. accused Nos.2 to 4. The reason for the harassment was that the deceased was unable to do the domestic household works and also the appellant/accused No.1 had extra marital affairs with one Sarojini, hence, he forced the deceased to give divorce to him. Inspite of elder’s advice, the accused continued giving torture to the deceased both physically and mentally. As such, on 12.12.2009 at about 9 am in the matrimonial home i.e. at Kankanavadi village the deceased committed suicide by consuming poison.

3. On the same day i.e on 12.12.2009, in the evening hours, father of the deceased one Dundappa Shivappa Matangi who examined as PW.1 before the trial Court, lodged the complaint against appellant-accused No.1 and his parents and brother i.e. accused Nos.2 to 4 before Raibagh Police as per Ex.P3. Based on the said complaint, the said Police registered FIR as per Ex.P.23 against four accused persons for the offence punishable under Section 498A and 306 r/w 34 IPC.

4. Thereafter, on completion of the investigation, charge sheet was submitted by the Police before the committal Court. Since, the offences are triable by the Court of Session, the said case committed to VII Addl. District and Sessions Judge, Belagavi sitting at Belagavi in SC No.100/2010 for trial.

5. The trial Court framed the charges against the accused Nos.1 to 4 for the offences punishable under Sections 498A and 306 of IPC. The appellant and others pleaded not guilty and therefore, they came to be tried for the aforesaid offences.

6. In order to prove the charges leveled against the accused, the prosecution examined 16 witnesses as PWs.1 to 16 and got marked 23 documents as Ex.P1 to P23 and 8 material objections as M.O.Nos.1 to 8. However, the accused neither examined any witness on his favour nor marked any documents. The statements of the appellant and others recorded under Section 313 of Cr.P.C. nevertheless the accused persons denied the incriminating portions of the evidence.

7. The defence of the accused is one of total denial of the prosecution case.

8. The trial Court, after analysis of the evidence deposed by the prosecution witnesses and hearing the learned counsel for both the sides and on assessment of documentary evidence, acquitted the accused Nos.2 to 4 for the offences punishable under Sections 498A and 306 r/w Section 34 of IPC., however, convicted the appellant/accused No.1 i.e. the husband of the deceased for the offence punishable under Section 498A and Section 306 of IPC as stated supra.

9. Challenging the judgment and order passed by the trial Court, appellant preferred the present appeal.

10. I have heard SRI.M.B. Gundawade, the learned counsel for appellant and Sri.Praveen K. Uppar, learned HCGP for re