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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF FEBRUARY, 2023

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL APPEAL NO.2532/2013

BETWEEN:

BASAVARAJ S/O NAYAKAPPA,

AGE: 23 YEARS, OCC: AGRICULTURIST,

R/O: SHANKARABANDE VILLAGE,

TQ AND DIST: BELLARY.

…APPELLANT

(BY SRI T. HANUMAREDDY, ADVOCATE)

AND:

THE STATE BY DEPUTY SUPERINTENDENT OF POLICE,

RURAL SUB DIVISION, BELLARY,

REPRESENTED BY SPP

HIGH COURT CIRCUIT BENCH,

AT DHARWAD.

…RESPONDENT

(BY SRI RAMESH CHIGARI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT OF

CONVICTION AND SENTENCE DATED 26.12.2013 PASSED IN

S.C.NO.10/2011 ON THE FILE OF THE PRL. SESSIONS JUDGE,

BELLARY CONSEQUENTLY ACQUIT APPELLANT FROM THE ALL

CHARGES LEVELED AGAINST HIM BY ALLOWING THIS APPEAL.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 31.01.2023, COMING ON FOR PRONOUNCEMENT

OF JUDGMENT THIS DAY, THE COURT PRONOUNCED THE

FOLLOWING:

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JUDGMENT

This appeal is filed by the accused under Section

374(2) of the Code of Criminal Procedure, 1973 (for

short, hereinafter referred to as ‘Cr.P.C.’) challenging

the judgment of conviction passed by the learned

Principal Sessions Judge, Ballari in S.C.No.10/2011

dated 26.12.2012 whereby the learned Sessions judge

has convicted the accused/appellant herein for the

offences punishable under Sections 3 and 4 of the

Dowry Prohibition Act, 1961 (for short, hereinafter

referred to as ‘D.P. Act’) and Section 498(A) as well

as 304(B) of IPC by imposing the sentence of

imprisonment as well as fine.

2.

The brief factual matrix leading to the case

are as under:

The

deceased/Devi

was

the

daughter

of

complainant and her marriage was solemnized with

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accused on 31.07.2009 and on 09.04.2010 she

committed suicide. It is also alleged that the accused

used

to

subject

the

deceased

to

ill-treatment

demanding dowry and being unable to tolerate the

same, the deceased committed suicide by hanging

herself in Shankarabanda Village. In this regard, the

complainant lodged a complaint, and on the basis of

the complaint, crime came to be registered. Since,

the death was within the 7 years from the date of

marriage and since, there was ill-treatment prior to

her death, the investigating officer has submitted the

charge sheet against the accused for the offences

punishable under Sections 498(A) and 304(B) of IPC

and Sections 3, 4 and 6 of the D.P. Act. He has also

arrested the accused and was produced before the

Court and was remanded to judicial custody.

3.

After submission of the charge sheet, the

learned Magistrate has taken cognizance and the

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prosecution papers were furnished to the accused.

Meanwhile he was also enlarged on bail. The learned

Magistrate has committed the matter to the Sessions

Court as the offences are exclusively triable by the

Court or Session. Then the matter was placed before

the learned Principal Sessions Judge, Ballary. The

learned Sessions Judge after hearing both the parties

has framed charges for the offences under Sections

498(A) and 304(B) of IPC and Sections 3, 4 and 6 of

the D.P. Act. The accused pleaded not guilty and

claimed to be tried. The prosecution in order to prove

the guilt of the accused has examined in all 19

witnesses and also placed reliance on 12 documents

marked at Exs.P.1 to 12 and 8 material objects. After

conclusion of the evidence of the prosecution, the

statement of accused under Section 301 of Cr.P.C.

was recorded to enable the accused to explain the

incriminating evidence appearing against him in the

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case of the prosecution and his case is of total denial.

He did not choose to lead any oral and documentary

evidence in support of his defence.

4.

The learned Sessions Judge after hearing

both the parties, has framed the following points:

“1.

Whether the prosecution proves beyond

r