STATE OF KARNATAKA BY ANTI DOWRY CELL C.O.D. Vs. VYARAMUDI S/O. CHELUVAIAH, PUTTASWAMY S/O. CHELUVAIAH AND MEENA @ MEENAKSHI W/O. PUTTASWAMY

JUDGEMENT

(1.) THIS appeal is filed challenging the order dated 12.8.04 passed by the Fast Track -II, Bangalore Rural District, Bangalore acquitting the Respondents of the offences punishable Section 498A, 304B and 306 IPC. r/w Section 34 IPC and Sections 3, 4 and 6 of Dowry Prohibition Act.

(2.) IT is the case of the prosecution that Accused No. 1 being husband of the deceased - Bhagya, Accused No. 2 being brother of Accused No. 1 and Accused No. 6 Meena @ Meenakshi being sister -in -law of Accused No. 1 have participated in the marriage negotiations of Accused No. 1 with deceased - Bhagya. At that time, all the accused persons have demanded dowry of Rs. 100,000 in cash, one Hero Honda Motor Cycle, 25 sovereign of gold from the parents of the deceased, thereby they are alleged to have committed an offence Section 4 of DP Act. It is further alleged that Accused Nos. 1, 2 and 6, after the marriage talk, have demanded additional dowry of Rs. 1,00,000. Thereby they are alleged to have committed an offence Under Sections 3 and 4 of DP Act and Section 498A of the IPC. It is further alleged that being unable to tolerate ill -treatment and harassment, the deceased committed suicide on 1.9.99 at 6.30 am by hanging through her saree at the branch of jack fruit tree situated in the land bearing Sy. No. 191 belonging to CW 10 at Hulugondanahalli., thereby they are alleged to have abetted the commissioner of suicide by Bhagyamma. Hence they are alleged to be liable for offence Section 306 IPC. It is further alleged that Accused 1, 2 and 6 were ill -treating the deceased and causing cruelty to her for demanding additional amount of Rs. 1,00,000/ - as dowry which is soon before her death on 1.9.1999 and thereby they ore alleged to have committed an offence Section 304B r/w Section 34 IPC. It is also charged against the accused that the accused have not returned the articles and dowry amount received in consideration of the marriage of the deceased with Accused No. 1 after her death, thereby they are alleged to have committed an offence Section 6 of DP Act.

(3.) THE prosecution case has commenced with filing of complaint by Puttamadaiah who is the father of the deceased on 1.9.99 before the Harohalli Police Station, Kanakapura Taluk. It is alleged in the complaint by the father of the deceased that his daughter - Bhagyamma was married to Vyramudi Accused No. 1 about 1 year 3 months prior to the date of her death and after the marriage, it is stated that the accused was harassing his daughter for bringing additional sum of Rs. 1,00,000/ - and all the accused persons were harassing her in this connection. It is further stated that on 1.9.99 in the morning, the deceased had committed suicide by hanging herself outside their house to a jack fruit tree and they are responsible for the death of the deceased and thereby he has prayed for action according to law. The police have registered case in Crime No. 108/99 for offence Section 304B IPC and have commenced the investigation. Thereafter, after completion of the investigation, have filed the charge sheet for the aforesaid offences.