- (1.) This appeal by special leave is directed against judgment and order dated 13.09.2007 passed by a Division Bench of High Court of Karnataka at Bangalore in Criminal Appeal No. 1409 of 2000 preferred by the State against judgment dated 16.09.2000 by First Additional Sessions Judge, D.K. Mangalore in SC No. 150/94 whereby the appellant and both his parents were acquitted for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act and under Sections 498-A and 304-B of the Indian Penal Code (IPC). By the impugned order High Court has reversed the judgment of acquittal in part. It has convicted the appellant, the husband of the victim lady, for the offence under Section 498-A with punishment of rigorous imprisonment (RI) of three years and a fine of Rs.5000/- with a default clause. The appellant has also been convicted for the offence under Section 306 of the IPC with RI for five years and a fine of Rs.10,000/-, again with a default clause. Both the sentences are to run concurrently. If realized, the fine amount is to be paid to PW-6 Gulabi, mother of the deceased, if she is alive.
(2.) Learned senior counsel Mr. P. Vishwanatha Shetty appearing for the appellant has raised three main contentions to assail the judgment and order under appeal. According to him, the judgment and order of acquittal was not a perverse judgment and required no interference by the High Court. Secondly, it is contended that in absence of any charge framed under Section 306 of IPC by the trial court the High Court should not have convicted the appellant under that Section. Lastly but not the least, is the contention that there is no evidence on record to justify the conviction of the appellant by the High Court for any of the charges.
(3.) Mr. V. N. Raghupathy learned counsel for the respondent has, on the other hand, strenuously refuted all the aforesaid three submissions and has placed reliance on the relevant materials on record as well as the discussions made by the High Court in the impugned order to fully support that judgment and order reversing the acquittal of the appellant to the extent indicated above.;