(1.) THIS appeal is filed by the accused challenging the judgment dated 26/28.2.2004, passed by the Fast Track Court -VIII, Bangalore in S.C. No. 755/1999 convicting the accused for the offences punishable under Sections 498A, 304B IPC and Section 4 of Dowry Prohibition Act and sentencing him to undergo S.I, for a period of 1 year and to pay fine of Rs. 1,000/ - for the offence under Section 498A IPC and S.I. for a period of 10 years for the offence punishable under Section 304B IPC and S.I. for 1 year and to pay fine of Rs. 1,000/ - for the offence punishable under Section 4 of D.P. Act, with default clauses.
(2.) IT is the case of the prosecution that deceased Dhanalakshmi @ Manjamma was given in marriage to accused on 22.4.1999 and before the marriage the accused has demanded and accepted dowry in the form of gold jewels, thereby, he is alleged, to have committed offence punishable under Section 3 of D.P. Act. It is further alleged that, after the marriage the accused had subjected deceased Dhanalakshmi to cruelty and harassment on the pretext of bringing further dowry and thereby, he is alleged to have committed offence punishable under Section 4 of D.P. Act. It is further alleged against the accused that he was ill -treating and harassing the deceased Dhanalakshmi while she was living as wife of the accused and thereby, he is alleged to have committed offence punishable under Section 498A IPC, It is further alleged that, being unable to tolerate the ill -treatment and harassment in connection with the dowry demand for on 30.6.1939 at 9 a.m., the deceased committed suicide by pouring kerosene on herself and setting fire, thereby, he is alleged to have committed an offence punishable under Section 304B IPC.
(3.) THE defence of the accused was one of total denial. He has examined Murugesh as DW. 1 and got marked Exs. D1 and D2 in his defence.