STATE Vs. MOHAMMED NAKEED

JUDGEMENT

(1.) This appeal by the State is directed against the Judgment and Order dated 4 July 2003 passed by 23rd Addl. City Civil Judge, Bangalore City, in 5.C. No. 201/1996 acquitting the respondents -accused persons of the charges levelled against them for the offences punishable under Ss. 3, 4 and 6 of the Dowry Prohibition Act and Ss. 498A and 302 read with 34 of IPC.

(2.) Case of the prosecution in brief is as under:

(3.) During investigation the accused persons were apprehended and produced before the learned Magistrate. Though they were initially remanded to judicial custody, subsequently, they were enlarged on bail. During the pendency of the case before the learned Sessions Judge, accused No. 2 and accused No. 3 parents -in -law of the deceased died therefore case as against them was closed as abated. Accused Nos. 1, 4 and 5 pleaded not guilty of the charges levelled against them and claimed to be tried. To bring home the guilt of the accused, the prosecution examined P.W.1 to P.W.17 and got marked Ex.P1 to Ex.P12. During their examination under Sec. 313 Cr.P.C. accused persons denied all the incriminating circumstances appearing against them in the evidence of the prosecution witnesses. By way of defence, accused persons examined D.W.1 to D.W.3 and got marked EX.D1 and EX.D2. The defence of the accused persons was one of total denial and that of false implication. According to them, the deceased accidentally caught fire in the house, as a result, she sustained burn injuries and later succumbed and that they have not committed any offences alleged against them. The learned Sessions Judge after hearing both sides and assessment of the oral and documentary evidence, by the judgment under appeal acquitted accused Nos. 1, 4 and 5 of all the charges levelled against them holding that the prosecution has failed to prove the guilt of the accused persons. Being aggrieved by the said judgment and order of acquittal, the State has presented this appeal.