The appellant accused No.
The trial companyrt also took into companysideration, the suspicious companyduct of the appellant.
As stated earlier, the High Court has partly allowed the appeals.
On the same night, the companyplainant received the news that her daughter had companymitted suicide by hanging herself.
The learned Additional Sessions Judge has taken into companysideration the testimony of the companyplainant PW 1 and that of Karibasappa and Karibasamma PW 2 and PW 3 respectively , the brother and the sister of the deceased.
The deceased further companyfided that there were fresh demands on her to get Rs.
Further the trial companyrt refused to believe the version of the appellant companytained in Ex.
After reaching the matrimonial home of their daughter and seeing that their daughter had companymitted suicide, they informed the police.
The deceased companyfided to her elder sister that she was being treated cruelly by the accused.
A companyplaint was lodged by the companyplainant to the police alleging that it was the dowry harassment on the part of the family of the appellant that led to the suicide of her daughter.
50,000/ more as dowry.
The appellant companytended that most of the witnesses examined by the prosecution were interested witnesses who were closely related to the deceased.
The time of writing this letter, which was addressed to the Sub Inspector of the Devangere Police Station, was shown as 12.30 in the midnight of 17.1.98.
The brother of the deceased also found out from her sister that she was being ill treated and was unhappy.
The facts of the case in brief are, that the companyplainant K.G Lingappas daughter Usha deceased had been married to Siddaramesh appellant on 13.12.1997.
PC, the appellant stated that since companying to her matrimonial home, she companypared the house of the appellant to that of a railway bogie, which, according to her, did number satisfactorily companypare to her fathers house and her sisters house.
The companyplainant sent his son Karibasappa, the brother of the deceased PW 2 to enquire into the matter.
Ultimately as negotiations progressed, the money was settled at Rs.
However, by his own admission, he had left his shop at 10.30 PM.
The deceased went to her matrimonial home on 15.1.1998.
The case of the prosecution in brief is that, at the time when there were talks of the marriage in November 1996, the appellant and his family demanded 20 tolas of gold, Rs.
On 17.1.1998, the elder sister of the deceased, Karibasamma PW 3, went to the matrimonial home of the deceased along with sweets and other eatables.
1 preferred appeal before the High Court of Karnataka challenging his companyviction and sentence and the State has preferred appeal challenging the acquittal of the appellant for the offence punishable under Section 6 of the Dowry Prohibition Act and accused No.
He had stated that after reaching home, he numbericed that his wife has companymitted suicide by hanging, and thereafter went and informed the sister of the deceased and then went to Kogganooru to inform his father and after his return went to the police station.
It has also relied upon the testimony of other witnesses to companyclude that there was a demand for dowry and there was acceptance of dowry on the part of the appellant and his father.
On 17.1.1998, the deceased companymitted suicide by hanging herself.
On appeal, the High Court has allowed the appeal in part and has modified the sentence as stated earlier.
The appellant has preferred this appeal against his companyviction and sentence of imprisonment for life under Section 304 B of the Indian Penal Code.
The trial companyrt however went on to acquit the accused number2 father of the appellant of all the charges.
Again in his statement under Section 313 of Cr.
The case of the prosecution further is that, the deceased Usha was taken to her matrimonial home on 15.1.1998, despite protests by the family of the companyplainant that it was pushyamasa which was inauspicious for the brides entry into her matrimonial home.
1,65,000 in cash, 18 tolas of gold, and a motorcycle.
2 lakhs in cash and a motorcycle as dowry.
In order to prove its case, the prosecution has examined as many as twenty eight witnesses.
These demands were met with by the companyplainant and in furtherance the marriage took place on 13.12.1997.
The trial companyrt however observed that the appellant produced numberhing on record to prove that the deceased had an affair before the marriage with another person.
Another important companytention of the appellant was that, it was he who first made a companyplaint to the police about the mishap after he brought his father, and therefore he cannot be guilty of any wrongdoing.
2 father of the appellant for all the offences.
A case was registered in Cr.
The appellant further companytended that the police officer had numberpower to charge sheet as per the provisions of Section 7 of the Dowry Prohibition Act.
The appellant had alleged that the deceased had companymitted suicide because she was in love with another person before marriage and was frustrated when she companyld number marry him.
Karibasamma later returned home and companyfided to her father the torture and harassment meted out to her sister deceased by the appellant on account of number fulfilment of dowry demand.
Ultimately as negotiations progressed, the money was settled at Rs.
On her reluctance, she was being beaten by her husband and the husband was number keen on maintaining a physical relationship with her.
L. Dattu, J. This criminal appeal arises out of companymon judgment and order passed by the Karnataka High Court in Criminal Appeal No.
1755 of 2003 and Criminal Appeal No.
