S.Govindaraju vs State Of Karnataka

1. This appeal has been preferred against the judgment and order dated 6.6.2007, passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1146 of 2000, preferred by the State against the judgment and order of the Sessions Judge, Bangalore city dated 8.6.2000, passed in Sessions Case No.550 of 1995, by which and whereunder, the appellant stood acquitted of all the charges under Sections 498A and 304B of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC) and Sections 3, 4 and 6 of the Dowry Prohibition Act (hereinafter called the ‘DP Act’). The High Court on appeal convicted the appellant under Section 304B IPC and awarded a sentence of 7 years; under Section 498A IPC awarded the sentence for a period of 3 years and also a fine of Rs.5,000/- was imposed, and in default, to undergo further sentence of 6 months. The appellant was also convicted under Section 3 of DP Act and imprisonment for a period of 5 years was awarded alongwith a fine of Rs.10,000/-, and in default to undergo imprisonment for one year; under Section 4 of DP Act, imprisonment for a period of 6 months was awarded and a fine of Rs.10,000/- was imposed, in default, to undergo imprisonment for 3 months. However, all the sentences were directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are that:

6. The case of the prosecution had been that Shanthi was treated in a hostile and cruel manner by the appellant who asked her to bring additional gold articles which drove her to commit suicide. She had also been assaulted by the accused/appellant on 14.2.1994 suspecting that she had taken Rs.50/- from his pocket without his consent. The undisputed facts remain that Shanthi was residing at 1 Km. distance from her parents’ house and she had been visiting the said family quite often and died within a period of three months of her marriage as she suffered from 95% burn injuries.

8. Manimaran (PW.2), brother of the deceased, deposed that about 6 months prior to the marriage, talks were held at the house of Jayasingh and his parents had demanded 10 sovereign gold ornaments. Gold necklace, jumuki, gold ring and silver leg chain were given in the marriage alongwith other articles like wrist watch, clothes and almirah etc. About 15-20 days prior to the death of Shanthi, some neighbours had informed his family that there were always quarrels and galata between the appellant and his sister Shanthi in their house. His other sister Sarasa, who had visited the house of Shanthi- deceased, told him that her husband was often quarrelling with her saying that the dowry gold articles given at the time of marriage were not sufficient and the same were of less quantity.

In view of aforesaid findings, the trial court came to the conclusion that there had been material contradictions in the statements of the witnesses on material issues and therefore the same could not be relied upon. Hence, the court accorded acquittal.

The appeal lacks merit, and is, accordingly dismissed. The appellant- accused is on bail. His bail bonds stand cancelled. He must surrender within a period of four weeks from today failing which the III Additional Sessions Judge, Bangalore City, CCH No.25 shall take him in custody to serve out the remaining sentence. A copy of the order be sent to the learned Additional Sessions Judge for information and compliance.