STATE OF KARNATAKA Vs. DATTARAJ & OTHERS

JUDGEMENT

(1.) Dattaraj the respondent-accused no. 1, married Savita (since deceased), on 7.6.2002. About three months before the marriage, at the asking of Dattaraj, it was agreed to give Rs.21,000/- in cash and 3 tolas of gold. Accordingly, the family of Savita complied with the aforesaid commitment, at the time of marriage. After their marriage, Savita started to live in her matrimonial house along with Dattaraj (respondent-accused no. 1). Soon after his marriage, Dattaraj went to Dubai, leaving Savita at the matrimonial house. During his absence, she went to her parents' house. Dattaraj contacted Savita, and had a telephonic conversation with her, while she was at her parents' house. He enquired from her, with whose permission she had gone to her maternal house. He also rebuked her for having left the matrimonial house, without his permission.

(2.) While Savita was in her maternal house, Dattaraj required her to get Rs.20,000/- in cash from her parents, as his brother needed the money to purchase some agricultural land. On the asking of Dattaraj, Savita got the money from her parents. After Dattaraj returned from Dubai, he was invited by Savita's parents for a "pooja" (prayer) ceremony. The "pooja" had been arranged to celebrate the installation of a bore-well, on the agricultural lands owned by Savita's father. It was alleged, that Dattaraj (respondent-accused no. 1) had agreed to attend the "pooja", only if he was given three tolas of gold, as also, wearing apparel. As against the above, the assertion of Dattaraj was, that such gifts were customary, and were given by the parents of Savita, on their own free will. In any case, it is not a matter of dispute, that gold and clothing were indeed given to Dattaraj, during the "pooja" arranged by the parents of Savita, to celebrate the installation of a bore-well.

(3.) After Dattaraj returned from Dubai, Savita became pregnant. She left for her maternal house, prior to her delivery. She delivered a girl child, at her parents' house. Thereafter, she returned to her matrimonial house.