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CRL.A No. 2847 of 2012

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 20^TH DAY OF JULY, 2022

BEFORE

THE HON'BLE MR JUSTICE V.SRISHANANDA

CRIMINAL APPEAL NO.2847 OF 2012

BETWEEN:

1.

SANGANAGOUDA

S/O PARANAGOUDA GOUDAR,

AGE: 28 YEARS,

OCC: AGRICULTURE,

R/O.CHIKKABADAWADAGI,

TQ: HUNAGUND.

2.

PARANAGOUDA

S/O SANGANAGOUDA GOUDAR,

AGE: 55 YEARS,

OCC: AGRICULTURE,

R/O.CHIKKABADAWADAGI,

TQ: HUNAGUND.

3.

SANGANBASAVVA

W/O PARANAGOUDA GOUDAR,

AGE: 50 YEARS,

OCC: AGRICULTURE,

R/O.CHIKKABADAWADAGI,

TQ: HUNAGUND.

…APPELLANTS

(BY SRI. MANOJ B. & SRI ANAND R.KOLLI, ADVOCATES)

AND:

THE STATE OF KARNATAKA

REP.BY DEPUTY SUPERINTENDENT OF POLICE,

BAGALKOT SUB DIVISION,

BY SPP

R

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CRL.A No. 2847 of 2012

HIGH COURT OF KARNATAKA,

CIRCUIT BENCH, DHARWAD.

…RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

UNDER SECTION 374(2) OF CR.P.C.SEEKING TO SET ASIDE

THE ORDER OF CONVICTION, INCLUDING THE FINE IMPOSED

BY THE HON'BLE SESSIONS JUDGE, BAGALKOT, IN SESSIONS

CASE NO.35/2011 DATED 14.09.2012 FOR AN OFFENCE

PUNISHABLE U/SEC.498(A) AND 304(B) AND SECTION 3 AND 4

OF DOWRY PROHIBITION ACT R/W SEC.34 OF INDIAN PENAL

CODE, IN THE INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR FURTHER HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard Sri Manoj B., learned counsel for the appellants

and learned High Court Government Pleader for the

respondent – State and perused the records.

2.

Accused

who

have

been

convicted

in

S.C.No.35/2011 by the Principal District and Sessions Judge,

Bagalkot by judgment dated 14.09.2012 and ordered to

undergo sentence have preferred this appeal.

3.

Brief facts of the case are as under:

A complaint came to be lodged with Hungund Police by

Chandappa S/o Mariyappa on 20.12.2010. Gist of the

complaint averments reveal that the complainant had six

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CRL.A No. 2847 of 2012

daughters and a son. Among six daughters, third daughter

by name Akkamahadevi was married to Sanganagouda s/o

Paranagouda (1^st appellant) on 16.05.2010. At the time of

marriage, Rs.31,000/- cash and 1 ½ tola gold ornaments

were given as dowry. After marriage, Akkamahadevi joined

the matrimonial home. Two months, she was looked after in

good manner and thereafter, when she visited parental

house, she has complained that the accused had demanded

for additional dowry in a sum of Rs.50,000/- and additional

quantity of gold. It was also reported that the accused

persons assaulted her physically and given mental torture.

On hearing the same, a panchayath was convened wherein

the relatives and elders and told accused persons that they

don’t have money and gold to pay additional dowry and to

look after Akkamahadevi in a proper manner. Despite the

same, harassment continued.

4.

When the matter stood thus, on 12.12.2010, the

deceased was not well and therefore, she was brought back

to the parental house. On 19.12.2010, 1^st appellant

telephoned to the complainant and told that the deceased is

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CRL.A No. 2847 of 2012

to be sent back to matrimonial home as they are feeling

difficulty in attending day-to-day work. As such, she was

sent back to matrimonial home along with his mother and

others. On 20.12.2010, at about 7.30 a.m., one of the

relatives of the complainant telephoned to the complainant

stating that Akkamahadevi has committed suicide by self-

immolation by pouring kerosene on her and litting fire and

she has been shifted to Bagalkot Government Hospital.

Immediately, the complainant and his relatives visited the

hospital and noticed that there were severe burn injuries on

the entire body of Akkamahadevi. On enquiry, she revealed

that there was a demand for additional dowry and the

appellants gave her physical and mental harassment and

unable to bear the same, she poured kerosene on h