KEMPA @ KEMPEGOWDA Vs. STATE OF KARNATAKA, BY BANNUR POLICE
LAWS(SC)-2018-8-93
SUPREME COURT OF INDIA
Decided on August 08,2018

Kempa @ Kempegowda Appellant
VERSUS
State Of Karnataka, By Bannur Police Respondents

JUDGEMENT

- (1.) Being aggrieved by the conviction under Section 498-A I.P.C., appellant-husband of the deceased-Nagamani has preferred this appeal.
(2.) Case of the prosecution is that the deceased-Nagamani was given in marriage to the appellant-Kempa on 12th June, 1987. Deceased-Nagamani and her 4 year old child were found dead by hanging in the house of the accused on 16th August, 1992. On the basis of the complaint of PW-2, Chikkanagu, step brother of the deceased, an F.I.R. was registered. After completion of investigation, a chargesheet was filed under Sections 304-B, 306 and 498-A I.P.C. and also Sections 3,4 and 6 of the Dowry Prohibition Act.
(3.) The trial court acquitted the appellant under Sections 304-B, 306 and 498-A I.P.C. and also Sections 3,4 and 6 of the Dowry Prohibition Act on the ground that the evidence of PW-2- Chikkanagu is fraught with inconsistencies. In the appeal preferred by the State, the High Court acquitted the accused-appellant with regard to the charges under Sections 304-B, and 306 I.P.C. and also under Sections 3,4 and 6 of the Dowry Prohibition Act but convicted the appellant by reversing the findings of the trial court in respect of offences punishable under Section 498-A I.P.C. and sentenced him to undergo rigorous imprisonment for two years.;


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