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Karnataka High Court

H R Ashok vs State By on 9 July, 2025

                                            -1-
                                                          NC: 2025:KHC:24923
                                                       CRL.A No. 843 of 2013
                                                   C/W CRL.A No. 975 of 2013

                 HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF JULY, 2025

                                           BEFORE
                            THE HON'BLE MRS. JUSTICE M G UMA
                           CRIMINAL APPEAL NO. 843 OF 2013 (C)
                                            C/W
                           CRIMINAL APPEAL NO. 975 OF 2013 (C)

                IN CRL.A NO. 843/2013

                BETWEEN:
                1.   HUCHAMMA
                     W/O. RANGAIAH @ JAMINDAR RANGAIAH
                     AGED ABOUT 50 YEARS

                2.   JAMINDAR RANGAIAH @ RANGAIAH
                     S/O. MUDDALAIAH
                     AGED ABOUT 60 YEARS

                3.   BASAVARAJU
                     S/O. JAMINDAR RANGAIAH @ RANGAIAH
                     AGED ABOUT 26 YEARS

Digitally       4.   J.R. VEENA
signed by
SWAPNA V             W/O. BASAVARAJU
Location:            AGED ABOUT 25 YEARS
High Court of        TEACHER
Karnataka
                5.   H.R. JAYANNA
                     S/O. RANGAIAH @ JAMINDAR RANGAIAH
                     AGED ABOUT 28 YEARS

                6.   R. ANUSUYAMMA
                     W/O. H.R. JAYANNA
                     AGED ABOUT 27 YEARS
                     GRAMA PANCHAYATH PRESIDENT

                     ALL RESIDING AT HONNAVALLI,
                     SC & ST COLONY
                     HONNAVALLI HOBLI,
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                                            CRL.A No. 843 of 2013
                                        C/W CRL.A No. 975 of 2013

HC-KAR



      TIPTUR TALUK
                                                        ...APPELLANTS
(BY SRI. P.P. HEGDE, SR. ADVOCATE FOR
      SRI. VENKATESH SOMAREDDI, ADVOCATE)

AND:
STATE BY
HONNAVALLY POLICE
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE - 1
                                                    ...RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)

       THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE ORDER OF CONVICTION DATED 01.08.2013 PASSED BY
THE    V   ADDL.   DIST.,   AND    SESSIONS    COURT,    TIPTUR   IN
S.C.NO.251/10 - CONVICTING THE APPELLANTS/ACCUSED FOR THE
OFFENCE P/U/S 498A OF IPC AND SEC. 4 OF D.P. ACT AND ETC.,

IN CRL.A NO. 975/2013

BETWEEN:

H.R. ASHOK
S/O. RANGAIAH @ JAMINDAR RANGAIAH
AGED ABOUT 24 YEARS
RESIDING AT HONNAVALLI,
SC & ST COLONY
HONNAVALLI HOBLI,
TIPTUR TALUK,
PRESENTLY LODGED IN
DISTRICT PRISON, BELGAUM
                                                  ...APPELLANT

(BY SRI. P.P. HEGDE, SR. ADVOCATE FOR
      SRI. R.P. SOMASHEKARAIAH, ADVOCATE)
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                                         CRL.A No. 843 of 2013
                                     C/W CRL.A No. 975 of 2013

HC-KAR



AND:
STATE BY
HONNAVALLY POLICE
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE - 1
                                                  ...RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)

    THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE ORDER OF CONVICTION DATED 01.08.2013 PASSED
BY THE V ADDL. DIST., AND SESSIONS COURT, TIPTUR IN
S.C.NO.251/10 - CONVICTING THE APPELLANT/ACCUSED FOR
THE OFFENCE P/U/S 498A OF IPC AND SEC. 3, 4 AND 6 OF D.P.
ACT AND ETC.,


       THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MRS. JUSTICE M G UMA

                 ORAL COMMON JUDGMENT

       The appellant in Crl.A.No.975/2013 being accused No.1

and the appellants in Crl.A.No.843/2013 being accused Nos.2

to 7, in S.C.No.251/2010 on the file of the learned V Additional

District and Sessions Judge at Tiptur, are impugning the

judgment    of   conviction   and    order   of   sentence   dated

01.08.2013, convicting accused No.1 for the offence under

Section 498-A of IPC and under Sections 3, 4 and 6 of Dowry

Prohibition Act (for short, 'the D.P. Act'); convicting accused
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                                     C/W CRL.A No. 975 of 2013

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Nos.2, 5 to 7 for the offence punishable under Section 498-A of

IPC, and convicting accused Nos.2 to 7 for the offence

punishable under Section 4 of D.P. Act, while acquitting

accused No.1 for the offences punishable under Sections 302,

304-B r/w 149 of IPC, and acquitting accused Nos.3 and 4 for

the offences punishable under Sections 498-A, 302, 304-B r/w

149 of IPC; and acquitting accused Nos.2, 5 to 7 for the

offences punishable under Sections 302, 304-B r/w Section 149

of   IPC;   sentencing   accused    No.1   to    undergo   rigorous

imprisonment for a period of 3 years and to pay fine of

15,000/- for the offence punishable under Section 498-A of

IPC, to undergo rigorous imprisonment for a period of 5 years

and to pay fine of Rs.30,000/- for the offence punishable under

Section 3 of D.P. Act, to undergo rigorous imprisonment for a

period of 6 months and to pay fine of Rs.5,000/- for the offence

punishable under Section 4 of D.P. Act and to undergo rigorous

imprisonment for a period of 6 months and to pay fine of

Rs.5,000/- for the offence punishable under Section 6 of D.P.

Act; and sentencing accused Nos.2 to 7 to undergo simple

imprisonment for a period of six months and to pay fine of

Rs.5,000/- each for the offence punishable under Section 4 of
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                                    C/W CRL.A No. 975 of 2013

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D.P. Act; and sentencing accused Nos.2, 5 to 7 to undergo

simple imprisonment for a period of 3 years and to pay fine of

Rs.15,000/- each for the offence punishable under Section 498-

A of IPC, with default sentences.


     2. The case of the prosecution in brief is that, accused

No.1 married one Shivamma, the sister of the informant on

25.02.2010. At the time of marriage, accused No.1 received

cash of Rs.30,000/- and 25 grams of gold as dowry. He had

demanded dowry of Rs.1,00,000/- and scaled it down to

Rs.50,000/- at the time of marriage talks. Accused Nos.2 and 3

are the mother and father, and accused Nos.4 and 6 are the

brothers of accused No.1 and accused Nos.5 and 7 are the

wives of accused Nos.4 and 6 respectively. Thus they are the

family members of accused No.1. All accused Nos.1 to 7 were

residing together and in furtherance of their demand for dowry

they were ill-treating the deceased. On 11.05.2010 at about

8.30 a.m. Shivamma was found with extensive burn injuries

and had died in an unnatural death. The first information came

to be filed by her brother-PW.1 alleging commission of the

offence under Sections 498-A, 302 and 304-B r/w 149 of IPC.
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                                        C/W CRL.A No. 975 of 2013

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The investigation was undertaken and the charge sheet came

to be filed for the offence under Sections 498-A, 304-B of IPC

and under Sections 3, 4 and 6 of D.P. Act.


      3.    The learned Magistrate took cognizance of the

offences and committed the matter to the Sessions Court. The

accused have appeared before the Trial Court, pleaded not

guilty and claimed to be tried. The prosecution has examined

PWs.1 to 18, got marked Exhibits P1 to 33 and identified MOs.1

to 49 in support of its contention. The accused have denied all

the   incriminating   materials    available   on   record   in   their

statements under Section 313 of Cr.PC, but have not chosen to

lead any evidence in support of their defence. The Trial Court,

after taking into consideration all these materials on record

came to the conclusion that the prosecution is successful in

proving the guilt of the accused and sentenced them as stated

above. Being aggrieved by the same, accused No.1 has

preferred Crl.A.No.975/2013, whereas accused Nos.2 to 7 have

preferred Crl.A.No.843/2013. During the pendency of the

appeal, accused No.2 died and the appeal preferred by him

stood abated and accordingly, it is dismissed.
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                                          C/W CRL.A No. 975 of 2013

HC-KAR




      4. Heard Sri P. P. Hegde, learned Senior Advocate for Sri.

R.P. Somashekaraiah, learned counsel for the appellant in

Crl.A.No.975/2013, Sri Venkatesh Somareddi, learned counsel

for the appellants in Crl.A.No.843/2013 and Smt.Rashmi

Jadhav,   learned    Additional    S.P.P.    Perused    the    materials

including the Trial Court records.


      5. In view of the rival contentions urged by the learned

counsel for both the parties, the common point that would arise

for my consideration is:


                    "Whether        the      appellants        in
            Crl.A.Nos.975/2013 and 843/2013 being
            accused Nos.1 to 7 respectively have made
            out     any   ground    to    interfere   with    the
            impugned judgment of conviction and order
            of sentence passed by the Trial Court and to
            acquit them for the charge leveled against
            them?

      My answer to the above point in the 'affirmative' in both

the cases for the following:
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                                     C/W CRL.A No. 975 of 2013

 HC-KAR




                              REASONS

      7.   It is the contention of the prosecution that, accused

No.1 had married the deceased Shivamma on 25.02.2010. She

died in an unnatural manner by sustaining extensive burn

injuries in the house of accused No.7 on 11.05.2010 i.e. within

2 ½ months of her marriage. In that regard, the brother of the

deceased examined as PW.1, lodged the first information,

making allegation that at the time of marriage, the accused

have demanded and accepted dowry and there was demand for

additional dowry. Since the same was not met, the accused

were ill-treating the deceased and on the date of incident i.e.

on 11.05.2010 she died in an unnatural manner by sustaining

burn injuries. It was suspected that the accused might have

caused her death by pouring kerosene on her and setting fire.

Therefore it was a dowry death.


      8.   The charge sheet came to be filed for the offences

punishable under Sections 498-A and 304-B r/w 149 of IPC and

under Sections 3, 4 and 6 of D.P. Act. The Trial Court framed

the charges for the offences punishable under Sections 498-A,

302, 304-B read with 149 of IPC and under Sections 3, 4 and 6

of D.P. Act.
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      9. To prove its contention, the prosecution has examined

PW.1-the brother of the deceased who lodged the first

information as per Ex.P1. Ex.P1 was filed on the very same

date when the incident had occurred. The informant has stated

that there was marriage talks before marriage of the deceased

with accused No.1 and they demanded 50 grams of gold and

Rs.1,00,000/- in cash as dowry. Out of that, Rs.30,000/- in

cash and 25 grams of gold jewelleries were given at the time of

marriage. Later, the deceased went to her matrimonial house

and started residing with the deceased. Within one month of

her   marriage,   the   accused   started   ill-treating   her   both

physically and mentally. The deceased informed PW.1 that

accused No.1 was having extra marital relationship, and he

used to ill-treat her. This fact was informed by the deceased to

PW.1 over phone on the previous day of the incident. Since

PW.1 was on election duty, he had promised to take her back

to the parental house. On the date of incident at about 7.30

a.m., PW.1 had called accused No.1 and expressed his desire to

talk to Shivamma. Accused No.1 sent the mobile phone to

Shivamma through a boy and PW.1 talked with her. At that

time, the deceased informed PW.1 that she had written a diary
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and gave it to PW.6-Ambika, who is her classmate and

requested PW.1 to go through the same. At that time, the

deceased was weeping and PW.1 promised to come to her on

the next Sunday. But later, he received the information that the

accused have set fire and caused the death of Shivamma.

Therefore, it is stated that the accused have committed the

offences punishable under Section 498-A, 302, 304-B r/w 149

of IPC. This witness has deposed before the Court accordingly.


     10. PW.2 is the inquest mahazar witness and the mahazar

is as per Ex.P17. PW.3 is the person who is said to have

attended the marriage talks where there was demand for

dowry. PW.4 is the other brother of PW.1 and the deceased.

PW.5 is the person who had proposed the marriage between

the deceased and accused No.1. PW.6 is the friend of the

deceased and she is supposed to speak about diary-Ex.P31 said

to have given to her by the deceased. But this witness has not

supported the case of the prosecution. PW.7 is the witness to

the seizure mahazar-Ex.P19 where-under the clothes and

jewelleries found on the dead body of the deceased were

recovered. He is also the mahazar witness for taking the
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specimen handwriting of the deceased found in the Note Book-

Ex.P16. PW.8 is the witness to the seizure mahazar-Ex.P20

under which, the gold ornaments said to be belonging to the

deceased were seized from the house of the accused. PW.9 is

the father of PW.6. He has also not supported the case of the

prosecution. PW.12 is the uncle of PW.6 and this witness also

has not supported the case of the prosecution with regard to

handing over of the diary-Ex.P31 to the Investigating Officer.

PW.10 is the Tahsildar who conducted inquest mahazar as per

Ex.P17. PW.11 is the Doctor, who conducted Post Mortem

examination and issued the report as per Ex.P22. As per this

report, the deceased had sustained 90% burn injuries. PW.13 is

the Drawer of the spot sketch as per Ex.P23. PW.14 is the

witness to the seizure of the clothes under the mahazar Ex.P19

as well as for recovery of the specimen handwriting of the

deceased. PW.15 is the Secretary of the Gram Panchayat who

issued katha certificate as per Ex.P24 which states that the

house where the incident had occurred stood in the name of

accused No.7, who is the wife of accused No.6. PW.16 is the

Investigating Officer who received the first information and

registered FIR as per Ex.P25. PW.17 is the Scientific Officer
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who issued the FSL report as per Ex.P32. PW.18 is the

Investigating Officer who conducted the investigation and filed

the charge sheet.


     11.    PWs.1 and 4 being the brothers, they are the

material witnesses to the case of the prosecution. PW.1 has

given the first information alleging commission of the offence

by the accused. He also states that his sister had informed that

she had given a diary with PW.6 and requested him to read the

same.


     12. It is the contention of the prosecution that the diary

referred to by PW.1 in the first information which is as per

Ex.P31 was produced by PWs.9 and 12 before the Investigating

Officer, and the same was seized under Ex.P21. As per Ex.P21

dated 22.05.2010, the diary marked as Ex.P31 was produced

by PW.9-the father of PW.6 before the Investigating Officer as

PW.6 was informed by the deceased to hand over the diary to

her brother-PW.1. The diary containing page Nos.1 to 56 are

treated as questioned handwritings.


     13. PW.1 is said to have produced a note book marked as

Ex.P16 before the Investigating Officer, and the same is said to
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have been seized under Ex.P15. As per Ex.P15, the informant

PW.1 produced the note book-Ex.P16 stating that the book

contains 71 pages and from page Nos.1 to 63 it contains the

handwriting of PW.4 the other brother of PW.1. The hand

writings from Page Nos.63 to 71 are that of the deceased.

Therefore, it is the specific contention of the prosecution that

only page Nos.63 to 71 contain the handwriting of the deceased

in Ex.P16-the note book. As per the case made out by the

prosecution, the writings found in the note book-Ex.P16 is

treated as standard writings of deceased to compare the

disputed/questioned handwriting found in the diary Ex.P31.

Ex.P32 is the report submitted by the State Forensic Scientific

Laboratory Madiwala, Bengaluru by the Assistant Director

(questioned documents, FSL Bengaluru). As per this document,

the questioned writings found in the diary-Ex.P31 is found in

page Nos.1 to 56 and identified as "Q1 to Q56". He also refers

to the standard writings of the deceased Shivamma found in

the note book Ex.P16 marked as S1 to S45 and he is of the

opinion that "the person who wrote the red enclosed standard

writings stamped and marked S1 to S45 also wrote the red
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enclosed questioned writings similarly stamped and marked Q1

to Q56"


     14. It is pertinent to note that standard writings found in

Ex.P16 marked as S1 is found in page No.24 and S2 is found in

page No.25 and so on till S45 at page No.71. Therefore, it is

clear that the Scientific Officer, who verified the questioned

writings and compared the same with the standard writings of

the deceased, from page Nos.24 to 71. But as I have already

noted, even as per the prosecution and even according to

PW.1, the writings in Ex.P16 till page No.63 is that of PW.4 and

not that of the deceased. It is only from later part of page

No.63 till page No.71, it contains the writings of the deceased.

Under such circumstances, how the prosecution could refer to

the writings at page No.24 to first half of page 63 as the

standard writings of the deceased remained unanswered.

Strangely, even though PW.1 specifically states that page Nos.1

to 63 contain the writings of PW.4 and the later portion of page

Nos.63 to 71 contain the writings of the deceased, the Hand

Writing Experts opinion as per Ex.P32 refers to the hand writing

from page Nos.24 to 71 as the writings of one single person,
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which is quite contrary to the case made out by the

prosecution.


     15. When the basis for the prosecution to contend that

the diary-Ex.P31 contains the writings of the deceased where

she narrated the ill-treatment meted to her by the accused was

accepted, solely on the ground that the disputed handwriting

found in Ex.P31 was compared with the admitted handwritings

of the deceased in Ex.P16, and as per Ex.P32 both the hand

writings were of a single person and thus, the prosecution has

proved ill-treatment or cruelty meted by the accused to the

deceased,   falls   to   the   ground     in   view   of   the   serious

discrepancies which remained unexplained by the prosecution.

When there are no reasonable explanation as to why the

handwriting of PW.4 was considered as standard handwriting

i.e. S1 to S37, the contention of the prosecution that the

person who wrote the standard writings i.e. S1 to S45 also

wrote the questioned writings marked as "Q1 to Q56" cannot

be accepted even for a while.


     Handing over of the diary by the deceased to PW6, in turn

PW7 producing it before the Investigation Officer is not proved
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as PW6, 9 and even PW.12 have not supported the case of the

prosecution. If the diary Ex.P31 is excluded as the same is not

proved in accordance with law, the other materials which are

available on record are the oral evidence of PWs.1 and 4 who

are none other than the brothers of the deceased.


       It is interesting to note that even though it is the

contention of PW.1 that the deceased had written the diary as

Ex.P31 and handed it over to PW.6 with a request to produce it

before PW.1, PW.6 has never supported the case of the

prosecution. Even though it is the contention of the prosecution

that PW.9-the father of PW.6 and PW.12-her uncle have

produced the diary before the Investigating Officer, even both

these witnesses have also not supported the case of the

prosecution. Under such circumstances, no reliance could be

placed on Ex.P31 to prove the contention taken by the

prosecution with regard to the offence under Section 498-A of

IPC.


       17. The Investigating Officer has committed a blunder in

taking the writings of PW.4 found in Ex.P16 from page Nos.23

to 63 as standard writings marked as "S1 to S37" and sent it
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for verification by the Hand Writing Expert. Therefore, I am of

the opinion that the prosecution is not successful in proving the

guilt of accused Nos.1, 2, 5, 6 and 7 for the offence punishable

under Section 498-A r/w 149 of IPC.


     18. The other contention taken by the prosecution is that

accused Nos.1 to 7 have demanded and accepted the dowry

and they have not returned the same and thus they have

committed the offences. Even this fact was spoken to by PWs.1

and 4 who are the brothers of the deceased. PW.5 even though

examined as a marriage broker, he does not speak about the

demand and acceptance of the dowry.


     19. Interestingly, it is the contention of the prosecution

that accused No.1 had received cash of Rs.30,000/- and gold

ornaments weighing 25 grams at the time of marriage and he

demanded dowry of Rs.1,00,000/- and scaled it down to

Rs.60,000/- at the time of marriage talks. The evidence of

PW.1 and 4, the brothers of the deceased disclose that the gold

ornaments given by them to the deceased was as customary

jewelleries and not as dowry in favour of accused No.1. When

the prosecution has failed to prove the cruelty meted to the
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deceased by the accused and acceptance of the gold jewelleries

referred to as dowry in the charge were given as part of

customary practice, I do not find any reason to accept the

contention of the prosecution that the accused have demanded

dowry of Rs.50,000/- and out of that, accused No.1 had

received Rs.30,000/-. When serious doubt arises in the case

made out by the prosecution, I do not find it proper to accept

the guilt of the accused of any of the offences.


     20. It is unfortunate to note that accused No.1 had

married the deceased on 25.02.2010 and she died in an

unnatural manner in her house on 11.05.2010 i.e. within 2 ½

months of her marriage, a doubt will arise about the conduct of

the accused in general and accused No.1 in particular being the

husband, but suspicion however strong it may be will not take

the place of proof of guilt of the accused beyond reasonable

doubt. When the case made out by the prosecution surrounded

by serious doubt about the deceased writing a diary as per

Ex.P31 and handing it over to PW.6 and asking to hand over to

PW.1, I am of the opinion that the benefit of doubt is to be

extended to the accused and they are to be acquitted.
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      21. I have gone through the impugned judgment of

conviction and order of sentence passed by the Trial Court. It

has rightly disbelieved the version of PW.5 regarding demand

and acceptance of dowry. It has based its finding to convict the

accused for the offence punishable under Section 498-A of IPC

and under Sections 3, 4 and 6 of D.P. Act, solely on the

evidence of PWs.1 and 4.


      22. The discussions held above disclose that the diary

Ex.P31 is not proved by the prosecution. It was not taken into

consideration by the Trial Court. If Ex.P31 is excluded, it is only

the oral testimony of PWs.1 and 4 remains that too regarding

demand and acceptance of dowry. The Trial Court accepted the

versions of PW.1 and 4 that the gold ornaments given at the

time of marriage of accused No.1 with the deceased are part of

customary practice but proceeded to convict the accused by

holding that the payment of Rs.30,000/- is towards dowry. It is

also pertinent to note that the Trial Court initially expressed its

doubt as to whether death of the deceased was either

accidental or suicidal, but thereafter formed an opinion that it

was a suicidal death. In-spite of that, Section 306 of IPC was
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never invoked by the prosecution. Under these circumstances, I

am of the opinion that the Trial Court proceeded to convict the

accused with scanty materials ignoring the serious doubt that

arises regarding proof of the guilt of the accused. This is mainly

an instance of moral conviction recorded by the Trial Court

taking note of the fact that the deceased died in an unnatural

manner within 2 ½ months of her marriage. I do not find any

reason to sustain the impugned judgment and order of

sentence as it calls for interference by this Court. Accordingly, I

answer above common point in the 'affirmative' and proceed to

pass the following:


                              ORDER

(i) Crl.A.Nos.975/2013 and 843/2013 are allowed.

(ii) The judgment of conviction and order of sentence dated 01.08.2013 passed in S.C. No.251/2010 by the learned V Additional District and Sessions Judge at Tiptur, is hereby set aside.

(iii) Consequently, accused No.1 to 7 are acquitted for the offences punishable under Sections 498-A of IPC and Sections 3, 4 and 6 D.P. Act, accused Nos.3, 5 to 7 are acquitted for the offence punishable under Section 498-A of IPC and

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NC: 2025:KHC:24923 CRL.A No. 843 of 2013 C/W CRL.A No. 975 of 2013 HC-KAR accused Nos.3 to 7 are acquitted for the offence punishable under Section 4 of D.P. Act.

(iv) Bail bonds of the accused and that of their sureties shall stand cancelled.

(v) Fine amount deposited, if any, by the appellants are ordered to be refunded to them, on due identification.

Registry to send back the TCR along with copy of this judgment to the Trial Court, for information and needful action.

Sd/-

(M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 17