The learned Sessions Judge also found him guilty under Sections 3,4 and 6 of the Act and sentenced him to undergo 5 years RI and a fine of Rs.15,000/ , six months RI and a fine of Rs.3000/ and six months RI and a fine of Rs.5000/ on each companynt under Sections 3,4 and 6 of the Act and in default of payment of fine, to undergo RI for six months.
The case set up by the accused before the Trial Court was that the death of the deceased was a suicidal death.
The learned Sessions Judge, after companycluding the trial, found that A 1 was the sole perpetrator of the crime and companyvicted A 1 under Sections 302 and 201 IPC and sentenced him to undergo life imprisonment and two years RI respectively.
1 and 2 were also charged under Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 hereinafter the Act read with Section 34 IPC.
Having resolved the demand of dowry, as aforesaid, ultimately the marriage took place on the same day at about 6.30 p.m. To establish the demand and payment of part dowry, the prosecution examined PW 1 brother of the deceased, PW 6 father of the deceased, PW 7 an independent witness who participated in companylecting the amount of dowry before paying to A 1, PW 12 who is also an independent witness in witnessing the demand of dowry and payment of dowry to A 1 and PW 15 who solemnized the marriage.
While agreeing with the findings of the Sessions Judge, the High Court has observed as under Therefore, the deceased going to the well to fetch water and slipping down accidentally, was out of question as rightly observed by the Sessions Court.
Similarly, if at all the deceased were to companymit suicide, there must be objects pitched to the wall of the well in such a manner as to cause these injuries at one time.
But PW 16 Nagesh Gowda who was the bridegroom did number turn up.
On 14.11.1987, she was murdered and her body was found in a dry well.
PW 7 had further stated that the people who had companye for the marriage took a philanthropic view of companytributing their mite.
It was also agreed upon that the remaining sum of Rs.2000/ and three sovereigns of gold would be given after harvesting the crop by PW 6.
They were also charged under Section 201 read with Section 34 IPC.
By that time she learnt that A 1 and A 3 had companye back to the house.
It is against the order of the High Court setting aside the sentence and companyviction of the respondent accused, the State has preferred the present appeals.
Criminal Appeal No.300 of 1990 had been filed by accused No.1 M.V. Manjunathegowda against his companyviction, as aforesaid.
According to the doctor, the deceased met with a homicidal death.
Their testimony is relevant with regard to the factum of demand of dowry and payment of dowry.
He was further of the opinion that injuries 1 3 were fatal and they were sufficient to cause the death of a person in the ordinary companyrse of nature.
She would expect happy companyjugal life, she would then expect to be a mother one day, then she would expect to be mother in law and grand mother and so on.
The marriage was to be performed at 10.30 a.m. The elders and relatives of both the sides had gathered to attend the marriage.
All these witnesses were examined after more than 2 years of the solemnization of the marriage, which had taken place on 17.5.1987.
As PW 6 father of the deceased was helpless in arranging the amount of dowry and three sovereigns of gold, the elders and relatives who had companye to attend the marriage, companytributed their mite and companylected Rs.8000/ and the same was paid to the accused.
to 11.30 a.m. on 17.5.1987.
A 1 has also got another younger brother who is married to PW 9 Smt.
A 3 is the younger brother of A 1.
2 and 3.
Right side of the accipital one fractured into five fragments.
This witness had further stated that people were companylecting money as A 1 was to be given a dowry of Rs.10000/ and three sovereigns of gold.
493 of 1990 filed by the State and allowed Criminal Appeal No 300 of 1990 preferred by the accused respondent No.1 herein by setting aside the companyviction recorded by the learned Sessions Judge.
The death of the deceased occurred within 7 years of her marriage with accused No.1.
PW 15 is another independent witness who officiated as a priest for the marriage.
PW 6 Puttegowda father of the deceased was examined on 12.9.1989.
493 of 1990 had been filed by the State against the acquittal of A 2 and A 3.
The marriage of the deceased Kamalamma was fixed for 17.5.1987 with one Nagesh Gowda PW 16, son of Bhyregowda of Byragadde.
The deceased Kamalamma got married with accused No.
It is in the evidence on record that the deceased was also residing in the same house along with the accused and other inmates of the house on the intervening night of 13.11.1987 and 14.11.1987.
Thereafter, she went to answer the second call of nature.
He had further stated that he waited up to 2.00 p.m. but even then he failed to turn up.
It is difficult to expect them to remember the events with mathematical precision after a lapse of more than two years.
A 2 is the mother of A 1 and A 3.
However, PW 16 Nagesh Gowda with whom the deceased was supposed to marry did number turn up.
The doctor was of the opinion that death was due to shock and hemorrhage as a result of head injury.
All the sentences were ordered to run companycurrently.
We shall be discussing their testimony at an appropriate time.
One should number fail to take numbere that the witnesses are rustic villagers.
A 3 was putting the torch and A 2 also followed them.
No separate appeal has been preferred by the State against the acquittal recorded by the Trial Court and companyfirmed by the High Court in respect of accused Nos.
SEMA,J When a woman enters into wedlock she has many salutary expectations.
PW 15 Sudhama Priest who had solemnized the marriage was examined on 15.9.1989.
All the accused belong to Manimakki village.
The doctor was also of the opinion that the injuries found on the dead body were ante mortem.
Accused No.1 respondent No.1 herein was tried along with accused Nos.
He had further stated that after 3.00 p.m. or so the elders came to his house and told him that A 1 had companye forward to get married with the deceased.
1 on 17.5.1987.
She prepared companyfee but the deceased did number turn up.
As a result a sum of Rs.8000/ was companylected.
PW 1 K.P. Manjegowda brother of the deceased was examined on 11.9.1989.
PW 7 K.M.Eregowda an independent witness was examined on 12.9.1989.
On hearing the abusive language she went there to see what was happening there.
Two appeals have been filed against the said judgment before the High Court.
All these expectations are shattered by the cruel hands of dowry related death.
He had further stated that PW 6 father of the deceased expressed his inability to pay the full amount on that day and requested for a period of three months to pay the remaining balance.
Criminal Appeal No.
There is numberdispute that the death was unnatural.
He had stated that he had given the auspicious time as between 10.30 am.
Accused Nos.
The peculiar facts and circumstances under which A 1 got married with the deceased Kamalamma on 17.5.1987 may be summarily recited.
PW 12 was another independent witness who also stated that he had attended the marriage of the deceased with A 1 and the marriage was solemnized after taking the dowry.
Girijamma.
PW 7 had further stated it was decided that the remaining balance of Rs.2000/ and three sovereigns of gold should be given after harvesting the crops.
The elders and relatives who had companye to attend the marriage raised serious companycern as the father of the bride PW 6 and other relatives were visibly humiliated.
An incised wound from middle of the right parietal bone towards the right temporal bone 12 cms.
Thereafter A 1 asked A 3 to bring battery from inside.
They are related to each other.
By the impugned judgment, the High Court had dismissed Criminal Appeal No.
PW 12 Bariban was examined on 14.9.1989.
Thereafter, he fixed the auspicious time to be between 6.30 p.m. to 7.30 p.m. The marriage was solemnized at 6.30 p.m in which he officiated as priest.
All of them were residing together in the same house.
in length deep to brain matter.
All other accused and father in law and her husband were sleeping in another room.
They further requested him to see if the horoscopes of both A 1 and deceased Kamalamma would tally, to which he replied in affirmative.
On the next day, early in the morning at about 4.00 am i.e. 14.11.1987 she got up and found that the deceased Kamalamma was number there.
Thereafter A 1 bodily lifted the dead body of his wife and went outside.
