- (1.)The instant Criminal Appeal is directed against the judgment and order dated 25-8-2005 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 828 of 1999 whereby setting aside the judgment of acquittal passed by the trial court allowed the appeal filed by State and the accused-appellant herein has been convicted for the offences punishable under Sections 3, 4, and 6 of the Dowry Prohibition Act and Sections 498-A and 304-B of the Indian Penal Code (in short, 'IPC'). The XXV Additional City Civil and Sessions Judge, Bangalore had acquitted the accused of the offences punishable under aforesaid sections.
(2.)The prosecution case in a nutshell is that one Smt. Leelavati was married to the appellant on 16.4.1989 and was living in the house of the appellant at Konanakunte in Bangalore. Besides attending the household chores, she was gainfully employed in a private company. Even according to the Appellant, there used to be wordy altercations between him and the deceased since about the three months before her death (at the age of 28 years). These altercations between him and the deceased, according to the appellant, were regarding there being no indication of her becoming pregnant after the marriage. Further case of the prosecution is that before marriage of the deceased with the appellant, negotiations were held, wherein the appellant had demanded dowry in the form of cash amounting to Rs 15,000/- as well as gold and silver ornaments. Pursuant to such demand made by the appellant, it is stated that a part of the dowry amount was given to the appellant before marriage and a further amount was given to him at the time of the marriage. All the ornaments demanded by the appellant, except a pair of gold bangles, were given to the appellant. The balance of dowry was agreed or promised to be given after the marriage.
The appellant was also in the habit of consuming liquor. After marriage, the deceased had been subjected to mental and physical torture over certain issues including the one for demand of balance of dowry.

(3.)The deceased had complained to her brother and sister as well as to her brother-in-law about the ill-treatment meted out on her by the appellant and ultimately, the deceased being unable to bear any more torture of the appellant, committed suicide by setting herself on fire in their house at about 5:00 AM on 16-3-1990 i.e., within a year of marriage. Appellant himself informed about the unnatural death of the deceased to the SHO of the jurisdictional Police Station at about 7:10 AM and a case regarding the unnatural death was registered. Further investigation of the matter was done by the Investigating officer (PW 10) and the inquest proceedings were held on the dead body of the deceased by the Taluka Executive Magistrate. In the course of such proceedings, he also recorded the statement of the blood relatives of the deceased. On the basis of the materials disclosed during the inquest proceedings, a suo motu case was registered against the appellant for the aforesaid offences and FIR was lodged. The dead body of the deceased was subjected to postmortem examination by the Doctor (PW6) on 17.3.1990 and it was found that the dead body was partially pugilistic and smelled kerosene. The face, chest and upper limbs of the deceased were blackened and charred. Second and third degree burns were present all over the body, except over both feet. Heat ruptures were present over front of the left thigh and back of right middle, ring and little finger. The deceased had sustained 97% ante-mortem burns and death of the deceased was due to shock as a result of the burns sustained. However, the doctor did not find any symptoms of pregnancy.