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2018 DIGILAW 1271 (SC)

Shivanna v. State By Magadi Police Station

2018-08-09

R.BANUMATHI, VINEET SARAN

body2018
JUDGMENT 1. The appellant-accused was convicted by the High Court under Section 498-A IPC and sentenced to undergo imprisonment for two years. 2. Marriage of deceased Lakshmi Devamma, daughter of Muniyappa (PW-1) was solemnized with the appellant on 02.09.1992. The case of the prosecution is that due to dowry harassment and ill treatment, deceased Lakshmi Devamma committed suicide on 13.05.1995. The prosecution has examined PW-1 - father of the deceased, who is also the informant, PW-2, PW-3 and PW-4 who are relatives of the deceased. Upon consideration of the evidence, the Trial Court has acquitted the appellant, father-in-law, mother-in-law and sister-in-law of the deceased (A-2 to A-4) of the offences under section 498-A, 304-B of the IPC read with sections 3, 4, 6 of the Dowry Prohibition Act. 3. Being aggrieved by the acquittal, the State has preferred the appeal before the High Court. 4. The High Court maintained the acquittal of the parents-in-law and sister-in-law of the deceased. The High Court has also maintained the acquittal of the appellant under Section 304-B IPC; but reversed the acquittal of the appellant under Section 498-A IPC and sentenced him to imprisonment for two years. 5. Learned counsel for the appellant mainly confined his submissions only on the quantum of sentence. It was submitted that the occurrence was of the year 1995 and that the appellant is married again and having two children and the appellant is sole bread-winner of the family. Considering the submissions of the learned counsel for the appellant and that the occurrence was of the year 1995 and other facts and circumstances of the present case, the sentence of imprisonment imposed upon the appellant is reduced to one year. 6. The reduction of sentence is in the peculiar facts and circumstances of the present case and the same may not be treated as precedent. 7. The appellant shall surrender within a period of four weeks from today to serve out the remaining sentence, failing which he shall be taken into custody. 8. The appeal is, partly, allowed.