STATE OF KARNATAKA Vs. BALASUBRAMANI

JUDGEMENT

(1.) THE respondent/accused faced trial for the offences punishable under Sections 498A and 304B of IPC and Sectins 3 and 4 of D.P. Act, 1961 before the XII City Civil and Sessions Judge, Bangalore in S.C. No. 736/2003. The learned Sessions Judge by his judgment and order dated 18.11.2004, acquitted the accused for the aforesaid offences. Being aggrieved by the judgment of acquittal, the State is in appeal.

(2.) BRIEFLY stated, the case of prosecution is as under: Accused married deceased Kavitha about 4 months prior to 11.7.2003. At the time of marriage he demanded and accepted dowry from P.W. 3 -Jayamma elder sister of the deceased Kavitha. Not being satisfied with the said dowry, after the marriage, the accused coerced the deceased to get Rs. 2,00,000/ - from her sister as dowry and when she failed to comply with the illegal demand, he subjected her to cruelty and harassment. Ultimately, unable to bear the said cruelty and harassment, the deceased Kavitha in a bid to commit suicide doused herself with kerosene at about 10.00 p.m. on 11.7.2003 and set herself ablaze, thereby sustained burn injuries and she succumbed to the injuries on the same day. Thus the accused committed the aforesaid offences.

(3.) AFTER hearing both sides and on assessment of oral and documentary evidence, the learned Sessions Judge by judgment under appeal has acquitted the accused/respondent for the charges levelled against him holding that the prosecution has failed to prove the guilt of the accused for any of the charges levelled against him.