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Crl.A.985/2011

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF MAY 2021

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL APPEAL No.1019/2011

c/w CRIMINAL APPEAL NO.985/2011

IN CRIMINAL APPEAL NO.1019/2011

BETWEEN:

Krishna

S/o Late Venkate Gowda

Aged about 42 years

Hosur Village

Kodagu Colony

Hunsur Town.

.. APPELLANT

(By Sri.Hemanth Kumar, Adv.)

IN CRIMINAL APPEAL NO.985/2011

BETWEEN:

1. Thara

Aged about 35 years

W/o Mohan

Manjunatha Extension

Hunsur Town.

2. Mohan

S/o V.M.Bhadraiah

Aged about 38 years

Manjunatha Extension

Hunsur Town.

.. APPELLANTS

(By Sri.Hemanth Kumar, Adv.)

AND:

Crl.A.1019/2011 c/w

Crl.A.985/2011

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1. State of Karnataka

By Hunsur Town Police Station.

2. V.B.Mamatha

W/o Krishna

Aged 35 years

R/at No.48/22

Maruthi Extension

Hunsur Town

Mysore District.

.... RESPONDENTS

(Common in both appeals)

(By Smt.Rashmi Jadhav, HCGP;

Sri.B.N.Prithviraj, Adv. For R-2)

Criminal Appeal No.1019/2011 is filed u/s 374(2)

Cr.P.C. praying to set aside the order dated:22.09.11 passed by

the II Addl. S.J., Mysore in S.C.No.73/10 - Convicting the

Appellant/Accused for the offence P/U/S 4 of the Dowry

Prohibition Act and Sec.498/A, 307, 506 r/w Sec. 34 of IPC

and the Appellant/Accused is sentenced to undergo R.I. for 5

years and to pay a fine of Rs.5,000/-, in default, to undergo S.I.

for 3 months for the offence P/U/S/ 307 r/w 34 of IPC, etc.

Criminal Appeal No.985/2011 is filed u/s 374(2) Cr.P.C.

praying to set aside the Judgment and order of conviction and

sentence dated:22.09.2011 passed in S.C.No.73/2010 by the II

- Additional Sessions Judge, Mysore - Convicting the Appellant

/ Accused no.3 for the offence P/U/S.498(A) and 307 r/w

Sec.34 of IPC and the Appellant/Accused No.4 for the offence

P/U/S. 498(A), 307, 506 r/w Sec.34 of IPC and the

Appellants/Accused Nos. 3 and 4 are shall undergo R.I. for 5

years and to pay a fine of Rs.5,000/- in default to undergo S.I.

for 3 months, for the offence P/U/S.307 r/w 34 of IPC, etc.

These Criminal Appeals coming on for Final Hearing this

day, the Court delivered the following:

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Crl.A.985/2011

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J U D G M E N T

These two criminal appeals arise from the judgment

and order of conviction and sentence passed by the court

of

II

Additional

Sessions

Judge,

Mysore,

in

S.C.No.73/2010 dated 22^nd September 2011 wherein

accused Nos.1, 3 and 4 have been convicted for the

offences punishable under Sections 307, 498A read with

Section 34 of IPC and accused Nos.1 and 4 are further

convicted for the offence punishable under Section 506

read with Section 34 of IPC and accused No.1 is further

convicted for the offence punishable under Section 4 of

the Dowry Prohibition Act.

2. Criminal Appeal No.1019/2011 has been filed by

the first accused while Criminal Appeal No.985/2011 has

been filed by accused Nos.3 and 4.

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3. Brief facts of the case that led to filing of these

appeals are:

Accused No.1 is the husband of the complainant

Mamatha; accused No.2 is the mother-in-law; accused

No.3 is the sister-in-law and accused No.4 is the husband

of accused No.3. The marriage of the complainant with

first accused had taken place on 29.5.1994. It is alleged

that at the time of marriage, as per the demand of first

accused and his family members, dowry was paid to him.

It is also alleged that even after marriage, the accused

persons continued to make a demand for payment of

dowry and the complainant was being ill-treated in her