JUDGMENT

The judgment and order dated 03.09.2012 passed by the Court of V Additional Sessions Judge, Mysore in Sessions Case No.114/2011, convicting the appellants/accused Nos.1 to 3 for the offences punishable under Section 498A, 304B read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961, is assailed in this appeal.

2. Heard the learned counsel for appellants, learned HCGP for the State and perused the material on record.

3. Brief facts of the case are that, the marriage of the complainant’s daughter by name Manjula was performed with accused No.3 on 09.04.2006. After the marriage, she stayed in the house of the accused to lead her marital life. For about 1 year the couple lived happily and thereafter, accused No.1, being the mother-in-law, accused No.2-brother-in-law and accused No.3-the husband, started harassing Manjula in connection with dowry and subjected her to physical and mental harassment. On 10.10.2010 at about 09:00 a.m., they assaulted and drove her out of the house to bring dowry. She came to the house of her parents. She was pacified and sent back to her matrimonial home by her parents stating that they will give the amount to the accused persons after selling tobacco. After returning to her matrimonial home, she locked the door and committed suicide by pouring kerosene and setting fire to herself.

4. Charges were framed against the accused Nos.1 to 3, for the offences punishable under Section 498A, 304B read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act.

5. The prosecution in all examined 27 witnesses and got marked 24 documents and Material objects 1 to 6. The defence got examined 1 witness as DW-1 and got marked Exs.D1 to D16.

6. The learned Sessions Judge after appreciating the oral and documentary evidence on record, held the accused guilty of the charged offences and convicted and sentenced them.

7. Complaint-Ex.P3 is lodged by the father of the deceased. Initially, case was registered against appellants as well as Sisters-in-law of the deceased, for the offences punishable under Section 143, 147, 498A, 304(B), 302 read with 149 of IPC. It is alleged in Ex.P3, that on 08.04.2006, accused No.3 had abducted complainant’s daughter when she had been to college and took her to Kodagu. She was brought back by the villagers and then after a panchayat was held, her marriage was performed with accused No.3 on 09.04.2006. For about 1 year, she was looked after property and thereafter, the accused persons started harassing her physically and mentally for the purpose of dowry. A complaint was lodged to the police and after a panchayat was conducted by the villagers, a sum of Rs.50,000/- was given as dowry to the accused persons. After about 1 month once again the accused started abusing the complainant's daughter and subjected her to ill-treatment, demanding dowry. On 10.10.2010 at about 09:00 a.m., the accused abused her and drove her out of the house to get dowry. They abused the complainant and threatened to kill his daughter. The complainant told the accused that they have already given money and will give dowry after a few days. Thereafter, his daughter was sent back to the house of her husband. It is alleged that at about 11:30 a.m., the accused have poured kerosene and set fire to complainant's daughter.

8. While filing charge sheet, Section 302 was omitted and the names of accused Nos.4 and 5 were deleted. The learned Sessions Judge has found sufficient evidence against the appellants namely accused Nos.1 to 3 for the charged offences and held, the prosecution has established that the death of the deceased was un-natural and it occurred within 7 years of her marriage and the evidence of PWs.3 to 6 and 15 clearly reveal that she was subjected to cruelty in connection with demand of dowry.

9. It is further observed that under Section 113-B of the Indian evidence Act, presumption arises and under such circumstances, the onus shifts to the accused to rebut presumption. The lea