JUDGMENT

The appellants/accused Nos. 1 & 3 have filed this appeal against the judgment of conviction and order of sentence dated 19.06.2013 passed by the Principal District and Sessions Judge, Dharwad (‘trial Court’ for short) in SC No.104/2011, convicting them for the offences punishable under Sections 498A and 304-B r/w Section 34 of IPC and sentencing them to undergo RI for three years and to pay fine of Rs.15,000/- each for the offence under Section 498-A of IPC and also to under undergo RI for Ten years and for the offence under Section 304-B of IPC.

2. For the sake of convenience, the parties herein are referred with original ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are as under:

a) The complainant-Sri. Bharmappa Kenchannavar has filed a complaint before the Vidyagiri Police Station on 15.04.2011 alleging that, his second daughter Jyothi was given in marriage to Accused No.1 – Naveen Yellappa and their marriage was held on 15.04.2009 at Dharwad. It is further alleged that at the time of marriage, sufficient gold and silver articles were given and he has also spent huge amount for performing the marriage. According to prosecution, Accused No.1 was working as an Engineer in a private company, while the deceased-Jyothi was working as a Teacher in a Government Primary School in Masaraguppi village at Hukkeri Taluk. The deceased was residing in Masaraguppi Village along with her mother-in-law i.e., Accused No.3-Sunanda. In the meanwhile, the deceased-Jyothi gave birth to a female child. Thereafter, on 14.04.2011 she came to the house of accused at Sattur in Dharwad and it is alleged that she was harassed physically and mentally in demand of dowry and a car and the deceased being unable to tolerate the same, on 14.04.2011 at 8.15 p.m., committed suicide in the house of accused by hanging herself. In this regard, after getting information, the complainant rushed to the spot and found the dead body of the deceased and on next day, he lodged a complaint in Vidyagiri Police Station and on the basis of said complaint, crime was registered in Crime No.46/2011 for the offences punishable under Sections 498A and 306 of IPC read with 34 of IPC.

b) During investigation, the accused were arrested. In the meanwhile, the Investigating Officer after completing investigation has submitted the charge sheet. After submission of charge sheet, the learned Magistrate has taken cognizance and the matter was committed to the Sessions Court. Before committing the matter, the prosecution papers were furnished to the defence counsel. Later on, the accused were enlarged on bail.

c) After hearing the learned counsel appearing for the parties on both sides, the learned Sessions Judge has initially framed charge under Section 498A and 306 r/w Section 34 of IPC and accused pleaded not guilty and claimed to be tried.

d) To prove the guilt of accused, the prosecution has initially examined in all Thirteen witnesses as PWs. 1 to 13 and placed reliance on Twelve documents as per Exs.P1 to P12 and also a material object marked as MO.1. Thereafter, the statement of accused under Section 313 of Cr.PC was recorded. The case of accused was of total denial and it is asserted by Accused No.1-Naveen that the complainant used to draw salary of the deceased and the deceased has also approaching the complainant for getting transfer to Dharwad and as he did not do the same, she committed suicide.

e) Later on Accused No.1 got examined himself as DW.1 and placed reliance on Ex.D6. During cross- examination of PWs. 4, 5, 11 and 12, the accused got marked Exs. D1 to D5. When the matter was set-down for arguments, an application was filed by the learned Public Prosecutor under Section 221 of Cr.P.C for framing alternative charge for the offence under Section 304-B of IPC. The said application came to be allowed vide order dated 21.08.2012 and charge under Section 304-B r/w Section 34 of IPC was framed and the accused denied the sam