CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

This judgment has been divided into the following Sections to facilitate analysis:

I. BRIEF FACTS The present appeal is preferred by accused Nos. 1 to 3 who have challenged the judgment of conviction and order of sentence passed by the 6^th Additional District and Sessions Judge, Belagavi, in S.C.No.258/2013 dated 12.01.2016, convicting the appellants for the offence punishable under Section 304-B, Section 498-A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 by virtue of which judgment and order of sentence, the accused Nos.1 to 3 were sentenced to undergo imprisonment of 7 years.

2. Brief facts made out by the prosecution are that, accused No.2 is the father and accused No.3 is the mother of accused No.1. The deceased daughter of P.W.1 Kallappa Abu Munje and P.W.2 Tulasavva Kallappa Munje, Lakshmi @ Seema was given in marriage to accused No.1 on 08.11.2011. Their marriage was performed in accordance with a customary practice “Yadi Me Shadi”. At the time of engagement, a memorandum was drawn up showing the properties to be given from the side of the bride to the bridegroom as also from the bridegroom to the bride. It is stated that for a period of 3 to 4 months, deceased Lakshmi @ Seema was looked after cordially and subsequently, the accused subjected Lakshmi @ Seema to cruelty and insisted to get half tola of Gold from her parental house. It is further made out that Lakshmi @ Seema gave birth to a male child and accused No.1 insisted that Seema was to bring half tola of Gold as well as cash of Rs.50,000/- failing which he would marry another lady. It is further made out that elders advised the accused not to cause trouble while assuring that Seema would make the payment and Lakshmi @ Seema went back to her in-laws house where it was stated she was once again harassed for not bringing half tola of Gold and Cash of Rs.50,000/-. The said harassment was informed by Seema to her parents when she had gone to their house for “Urus”. At such time, it is stated that accused No.1 was advised and subsequently, Seema was sent along with the accused to matrimonial house.

3. On 06.05.2013, parents were informed regarding death of Lakshmi @ Seema and accordingly, complaint was lodged in Crime No. 118/2013.

4. Inquest Panchanama was drawn on 07.05.2013 in the presence of Panchas; spot panchanama was recorded on the same day and 2 pieces of rope were seized. On the same day, Deputy Superintendent of Police, Chikkodi is stated to have seized 11 household articles from the house of 2^nd accused under mahazar as shown by P.W.1.

5. Postmortem was conducted and after completion of investigation, charge sheet was filed and case was committed to the Principal District and Sessions Judge, Belagavi. Charges were framed and the points for consideration raised were as follows:

"1) Whether the accused No.1 being the husband of Seema, accused Nos. 2 and 3 being the in-laws of Seema, in furtherance of their common intention, subjected the said Seema to cruelty by demanding dowry of half tola of gold and hard cash of Rs.50,000/- in the house of accused, after lapse of four months of her marriage and thereby the accused have committed offences punishable under Section498-A r/w. sec. 34 of IPC?

2) Whether the accused, demanded dowry, indirectly through Seema, from the parents of Seema and thereby all the accused committed an offence punishable u/s. 4 of D.P.Act?

3) Whether the accused, in furtherance of their common intention, in their house, on 6.5.2013, committed dowry death, by causing the death of Seema and thereby accused have committed offences punishable u/s. 304-B r/w Sec. 34 of IPC?

4) What order?"

6. On behalf of the prosecution, P.W.1 to P.W.24 were examined and Exhibits P1 to P.30 were marked and M.Os. 1 to 22 were also marked.

7. The prosecutor has given up witnesses P.W.3, 7, 19, 21 and 26. There was no defence evidence and statement of accu