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PETITIONER: VENUGOPAL

       Vs.

RESPONDENT: STATE KARNATAKA

DATE OF JUDGMENT:       29/07/1998

BENCH: G.T. NANAVATI, S.P. KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T NANAVATI J      This appeal arises out of the judgment and order passed by the High Court of Karnataka in Criminal appeal No.85/91.      The  High   Court  confirmed   the  conviction  of  the appellant under  Section 498-A IPC, set aside his conviction under Section  302 IPC and convicted him under Section 304-B IPC. The order of sentence was also modified.      What is  held proved  against the appellant is that his wife, Vijayalakshmi,  died an unnatural death within 2 years of  their  marriage  and  that  before  her  death  she  was subjected to  harassment by him because she was not bringing from her  parents the  remaining amount of dowry promised to him.      As regards  the demand of dowry and harassment both the courts have thought it fit to accept the evidence. We do not find any  infirmity in  appreciation of  the said  evidence. Vijayalakshmi was not only harassed by the appellant but was also ill-treated  and  beaten  many  times.  There  is  also evidence of P.Ws. 5 and 15 which proves that sometime before the incident  which led  to her  death, there  was a quarrel between husband  and the  wife and  therefore she  wanted to leave his  house but  because of  pursuction by  R-5 not  to leave at mid-night, she had agreed to remain there till next day morning.  Their evidence further proves that ten minutes after Vijayalakshmi  had returned to her room P.Ws. 5 and 15 heard some  noise coming  from the appellant’s room and when PW. 5   went  there and  enquired had happened the appellant said "Sorry  Sister" and closed the door. After some P.Ws. 5 and 15  again heard  more noise  coming from the appellant’s room and  therefore, both  of them again went there. At that time they found that some other neighbours had also gathered there. The  appellant then  opened the  door. It was noticed that Vijaya  Lakshmi was  sitting under  a tap with her body fully burnt.  Their evidence  thus clearly  establishes that soon before her death she was ill-treated by her husband.      The defence  of the  appellant was  that she  committed suicide. The  High Court  accepting the  version of  suicide thought it fit to acquit the appellant under Section 302 and convict him  under Section  304-B  because  harrasments  was

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proved and the death had taken place within about a year and half from  her marriage with the appellant. we find that the High Court  has correctly  appreciated the  evidence and has given  good  reasons  for  convicting  the  appellant  under Section 304-B and 498-A IPC.      The appeal is, therefore, dismissed.