- (1.)Leave granted.
(2.)This appeal arises out of the Order of the Karnataka High Court in Crl. R.P. No. 2148 of 2010 dated 29.10.2013, confirming the conviction of the Appellant under Section 498A Indian Penal Code and reducing the sentence of imprisonment of one year to six months and enhancing the fine amount from Rs. 3000/- to Rs. 10,000/- and in default, to undergo simple imprisonment for two months.
(3.)Brief facts of the case are that, the Appellant-first accused is the husband of PW-1, Smt. Noorunnisa and their marriage was solemnized on 06.02.1994 and the couple has two daughters and one son. Sometime after the marriage, accused No. 1 started physically torturing PW-1, and subjected her to cruelty by assaulting her and demanded/dowry of Rs. 50,000/- or a house from her parents. On 25.05.2001, at about 9.30 p.m., when PW-1 was in the house situated at Gandhi Nagar, Bellary, the Appellant abused PW-1 and her father PW-2 in filthy language and Appellant pushed PW-2 and voluntarily caused simple hurt to him. Father of the Appellant-accused No. 2 is alleged to have committed criminal intimidation by threatening PW-2 with dire consequences. At the time of marriage of Appellant and PW-1, the Appellant and Accused No. 2- father of the Appellant are said to have accepted dowry of Rs. 50,000/-, gold, silver, clothes etc. and further alleged to have harassed PW-1 demanding more dowry from her parents. On the complaint lodged by PW-1, case was registered against the Appellant and his father under Sections 498A, 323, 504, 506 Indian Penal Code read with Section 34 Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. On completion of the investigation, charge-sheet was filed against the Appellant and his father.