BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The convicted accused is in appeal against the judgment in S.C. No. 225 of 1998, dated 4.11.2003 convicting him for offence punishable under Section 498A of the Indian Penal Code, 1860.

(2.) The contextual facts relevant for consideration are: Vanishree, a young woman of 22 years, was married to the appellant on 26.11.1997 at Shahapur Maratha Mandal Karyalaya according to Hindu rites and customs of the community to which they belong. During negotiations preceding the marriage, it was agreed that a sum of Rs. 21,000 will be paid along with other presents as Varopachar. It was recorded in a Yadi Ex. P1. In terms of the said negotiation Rs.21,000 was given to the accused along with clothes, utensils, etc. The marriage was performed and the couple entered matrimony with all fond hoped. Life was blissful for a short period. On 4.6.1998 within 8 months of marriage, Vanishree was found dead in a well. Her body was removed and subjected to post-mortem examination, which revealed death was result of asphyxia as a result of drowning. The body was subjected to inquest conducted by the Taluka Executive Magistrate, PW7 Nazirahamed Mehaboob Shirahatti. During inquest, the parents of deceased girl as also her brother gave statement suspecting the appellant to be responsible for her death. That was made a part of the inquest and sent to the jurisdictional police under Section 174 of the Criminal Procedure Code, 1973. The father of girl PW1 Irappa Veerasangappa Dhumale also lodged a report vide Ex. P3 alleging that the appellant, his mother and his sister viz., Rajashree were responsible for the death of Vanishree. The report was submitted at Ex. P3 by PW1 and it was registered for investigation. During investigation, the statement of Irappa Veerasangappa Dhumale father of deceased, Vivekanand Veerasangappa Dhumale uncle of deceased, as also her mother Smt. Suvarna was recorded. Each one of them spoke of demand of additional dowry from the appellant. On that basis charge-sheet was filed, arraigning all the accused for offences punishable under Sections 498A and 306 of the IPC read with Section 34 of the IPC.

(3.) The accused pleaded not guilty and sought to be tried. During trial accused 2 Mallawwa Shanmukhappa Jugali mother of appellant, died while the appellant and his sister Rajashree continued to face the trial.