1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 21^ST DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL APPEAL NO.200068/2015

BETWEEN:

1 .

SHRANAPPA @ SHIVASHARANAPPA

S/O SADASHIVA ANGADI,

AGE:31 YEARS, OCC:AGRICULTURE

2 .

SADASHIVA S/O SUGAPPA ANGADI

AGE: 63 YEARS, OCC:AGRICULTURE

3 .

SMT. BHAGIRATHI W/O SADASHIVA ANGADI

AGE : 65 YEARS, OCC:AGRICULTURE

ALL R/O HADANOOR, TQ:SHORAPUR

DIST:YADGIR

...APPELLANTS

(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

AND:

THE STATE THROUGH KEMBHAVI

POLICE STATION, REPRESENTED BY

SPP HIGH COURT OF KARNATAKA

KALABURAGI BENCH-585103.

…RESPONDENT

(BY SRI. GURURAJ V. HASILKAR, HCGP)

2

THIS CRL.A. FILED UNDER SECTION 374(2) OF

CR.P.C

PRAYING

TO

ALLOW

THE

APPEAL

AND

CONSEQUENTLY SET ASIDE THE JUDGMENT DATED

08.06.2015 PASSED BY THE SESSIONS JUDGE AT YADGIR

IN S.C.NO: 62/2012 AND ACQUIT THE APPELLANTS.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 31.03.2021, COMING ON FOR

'PRONOUNCEMENT OF JUDGMENT, THIS DAY THE COURT

DELIVERED THE FOLLOWING:

JUDGMENT

Accused persons in S.C.No.62/2012 on the file of

Sessions Judge Yadgiri are questioning the validity of the

judgment dated 08.06.2015 whereby they are convicted

for the offences punishable under Section 498A read with

Section 34 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act, 1961 (hereinafter referred to as 'D.P.Act'

for short) read with Section 34 of IPC. They were

sentenced as under:

"The accused Nos.1 to 3 are hereby

acquitted of

the offences punishable

under

Sections 302, 304-B R/w Section 34 of Indian

Penal Code, with which they are charged.

The

accused

Nos.1

to

3

are

hereby

convicted of the offence punishable under Section

3

498-A R/w Section 34 of Indian Penal Code and

under Sections 3 and 4 of the Dowry Prohibition

Act, 1961 R/w Section 34 of Indian Penal Code,

with which they are charged.

The

accused

Nos.1

to

3

are

hereby

convicted and sentenced to undergo simple

imprisonment for a period of 3 years and fine of

Rs.5,000/- each for the offence punishable under

Section 498-A of Indian Penal Code. In-default of

payment of said fine amount of Rs.5,000/- each,

they shall undergo simple imprisonment for a

period of eight months.

The accused Nos.1 IS hereby convicted and

sentenced to undergo simple imprisonment for a

period of 5 years and fine of Rs.30,000/- each for

the offence punishable under Section 3 of the

Dowry Prohibition Act, 1961 R/w Sec. 34 of Indian

Penal Code. In-default of payment of said fine

amount

of

Rs.30,000/-

accused

No.1

shall

undergo simple imprisonment for a period of one

year.

The

accused

Nos.2

to

3

are

hereby

convicted and sentenced to undergo simple

imprisonment for a period of 3 years and fine of

4

Rs.30,000/- each for the offence punishable under

Section 3 of the Dowry Prohibition Act, 1961 R/w

Sec. 34 of Indian Penal Code. In-default of

payment of said fine amount of Rs.30,000/- each,

they shall undergo simple imprisonment for a

period of eight months.

The

accused

Nos.1

to

3

are

hereby

convicted and sentenced to undergo simple

imprisonment for a period of 6 months and fine of

Rs.5,000/- each for the offence punishable under

Section 4 of the Dowry Prohibition Act, 1961 R/w

Sec. 34 of Indian Penal Code. In-default of

payment of said fine amount of Rs.5,000/- each,

they shall undergo simple imprisonment for a

period of one month.

The said substantial sentence imposed

against

the

accused

persons

shall

run

concurrently.

The

said

in-default

sentence

imposed

against

the

accused

persons

shall

run

consecutively.

The accused persons are entitle to benefit of

Section 428 of Cr.P.C.

5

Out of the said fine amount, a sum of

Rs.1,00,000/- shall be paid to the said PW.5

Ravikumar

S/o

Deshettappa

Paled

as

compensation under Section 357 of Cr.P.C."

5.

Brief facts which are neces