IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF FEBRUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

CRIMINAL APPEAL NO. 100135 OF 2023 (C)

BETWEEN:

SRI. MUSTAFA @ MOHAMMED MUSTAFA S/O. SAJJADSAB KAVALOOR, AGE: 38 YEARS, OCC: CARPENTER, R/O. PALTAN ONI, TAL AND DIST: KOPPAL-583231.

…APPELLANT (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

AND:

THE STATE OF KARNATAKA, THROUGH KOPPAL TOWN POLICE STATION, NOW REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD, SAROJA BENCH AT DHARWAD.

HANGARAKI …RESPONDENT Digitally signed by (BY SRI. M.B. GUNDAWADE, ADDITIONAL SPP)

SAROJA HANGARAKI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS IN S.C. NO.71/2015 AND SET ASIDE THE JUDGMENT OF CONVICTION DATED 15.02.2023 AND ORDER OF SENTENCE DATED 16.02.2023 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 304B AND 302 OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT, IN THE INTEREST OF JUSTICE.

THIS CRIMINAL APPEAL COMING ON FOR FURTHER DICTATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) This appeal is preferred by accused No.1 in S.C.No.71/2015 on the file of the Court of the learned Principal District and Sessions Judge at Koppal, wherein the learned Sessions Judge vide judgment dated 15.02.2023 has convicted him for the offences punishable under Sections 498(A), 304(B), 302 IPC and Section 4 of the Dowry Prohibition Act, 1961 (for short, hereinafter referred to as ‘D.P. Act’) and vide order dated 16.02.2023 passed the following:-

“SENTENCE The accused No.1 is sentenced to undergo Rigorous Imprisonment for 3 years and to pay fine of Rs.5,000/- for the offence punishable under section 498(A) of IPC. In default to pay fine, to undergo Simple Imprisonment for one month.

The accused No.1 is sentenced to undergo Rigorous Imprisonment for 7 years and to pay fine of Rs.10,000/- for the offence punishable under section 304(B) of IPC. In default to pay fine, to undergo Simple Imprisonment for three months.

The accused No.1 is sentenced to undergo life imprisonment and to pay fine of Rs.25,000/-for the offence punishable under section 302 of IPC. In default to pay fine amount, to undergo S.I., for six months.

The accused No.1 is sentenced to undergo Rigorous Imprisonment for 6 months and to pay fine of Rs.1,000/- for the offence punishable under section 4 of D.P Act. In default to pay fine, to undergo Simple Imprisonment for 10 days.

The period undergone in Judicial Custody is set off.

The substantive sentences imposed against A-1, shall run concurrently.”

2. We have heard the learned counsel Sri.Srinand A. Pachchapur for the appellant and learned Additional S.P.P. Sri.M.B.Gundawade for the State.

Perused the evidence and material on record.

3. Charge sheet was filed against accused Nos.1 to 4. However since accused Nos.2 to 4 were not available to face trial along with accused No.1, charge was framed against the appellant/accused No. 1 for the aforementioned offences, who pleaded not guilty and claimed to be tried. Insofar as accused Nos.2 to 4 are concerned, the case against them was split up.

4. It is the case of the prosecution that deceased Chandini is the sister of the first informant Mahiboobkhan/PW.1. Her marriage was performed with the appellant/accused No.1 on 11.04.2010. Accused Nos.2 to 4 are the parents and brother of accused No.1. At the time of marriage, the accused demanded and accepted ₹.10,000/- in cash and four tholas of gold as dowry. After the marriage, for about two years the deceased was looked after properly. Thereafter, the accused started subjecting her to cruelty on the ground that she had not begotten any child and started demanding her to bring additional dowry in the form of go