K.V. PRAKASH BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All the three appeals are against the judgment and order dated 5.1.2012 passed by the Fast Track Court -III at Kolar in Sessions Case No.243/2004.

(2.) Criminal Appeal No. 126/2012 is filed by appellant -accused No. 1 challenging the judgment of the trial Court convicting him for the offences punishable under Sec. 3 of the Dowry Prohibition Act and under Sec. 498A of IPC. Criminal Appeal No.655/2012 is filed by the State challenging the order of acquittal of accused No. 1 for the offence under Sec. 302 of Penal Code and the order id' acquittal of accused Nos. 2 and 3 for the offences under Sec. 498A of Penal Code and Sec. 3 of the Dowry Prohibition Act. Criminal Appeal 656/2012 is also preferred by the State seeking enhancement of sentence imposed on accused No. 1 for the offences under Sec. 3 of the Dowry Prohibition Act and under Sec. 498A of Penal Code alleging that it is totally inadequate.

(3.) Brief facts of the prosecution case before the trial Court are, the Inspector of Police, Anti -dowry cell, Corps of Detectives, Bangalore, filed the charge -sheet against accused Nos.1 to 3 for the offences punishable under Sections 498A, 302, 201 of Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act r/w Sec. 34 of IPC. The deceased Anjinamma, daughter of the complainant Muniyappa was given in marriage to accused No.1 Prakash Babu on 12.10.1997; at the time of marriage, accused Nos.1 to 3 demanded dowry of Rs. 15,000/ - and gold ornaments; accordingly, complainant -Muniyappa gave dowry of Rs. 15,000/ - and gold ornaments to his daughter Anjinamma; after the marriage complainant sent his daughter Anjinamma to the house of the accused. Accused Nos.1 to 3 were residing at Kondorapalli village and at that time, accused subjected Anjinamma to cruelty; they were insisting her to bring more dowry from her parents and when Anjinamma was pregnant for the second time, complainant Muniyappa has paid Rs. 10,000/ - to her when Anjinamma had come to his house for the second delivery; accused No.1 had developed illicit relation with one Deepa of Chelur village and later accused No. 1 was asking Anjinamma to give her consent for his second marriage with Deepa; when Anjinamma refused to give her consent accused No.1 has assaulted her and in spite of panchayath accused No.1 continued illicit relation with Deepa of Chelur; about three months prior to her death, Anjinamma and accused No.1 started residing in a rented house at Nallagutlapalli village. On 20.8.2004 at about 8.30 p.m. accused No.1 strangulated his wife Anjinamma with rope and thereby, all the accused have committed the above offences.