STATE OF KARNATAKA BY RURAL POLICE STATION Vs. HANUMANTHAPPA, S/O. SHANTHAVEERAPPA, GANGAMMA, W/O. HALESHAPPA AND BASAMMA, W/O. SHANTHAVEERAPPA

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the judgment 27.05.2005 passed by the Fast Track Court -III, Shimoga in S.C. No. 137/2003 acquitting the Respondents/Accused of the offences punishable Under Sections 498A and 304B r/w. Section 34 of IPC and also for offence Under Section 3, 4 and 6 of D.P. Act, 1961.

(2.) THE case of the prosecution is that Respondent No. 1 is the husband. Respondent No. 2 is the sister of the husband and Respondent No. 3 is the mother -in -law of the deceased Mahadevamma. The marriage of Accused No. 1 took place on 08.05.2002 with the deceased. It is alleged that after the marriage, deceased lived with the Respondent and during the said period, it is alleged that the accused have treated the deceased with cruelty and harassment with a view to coerce her father Halappa to meet unlawful demand of dowry and they are alleged to have committed an offence Under Section 498A r/w. Section 34 of IPC. It is further alleged that during the period from 08.05.2002 to 25.06.2003 the Accused Nos. 1 to 3 have subjected the deceased to cruelty and harassment in connection with demand of dowry and being unable to tolerate the harassment and ill -treatment subjected to her, she committed suicide on 25.06.2003, thereby they are alleged to have committed an offence of dowry death punishable Under Section 304B of IPC and it is further alleged that at the time of marriage, the Accused No. 1 unlawfully took Rs. 78,000/ -, 80 gms of gold ornaments from CW9 - Halappa - father of the deceased and after 5 -6 months of the said marriage received further dowry of Rs. 3,000/ - from CW9 - Halappa thereby they are alleged to have committed an offence Under Section 3 of D.P. Act. It is further alleged that after the marriage deceased was subjected to harassment and the Accused No. 1 was demanding dowry of Rs. 10,000/ - from the father of the deceased thereby he is alleged to have committed an offence Under Section 4 of D.P. Act. It is further alleged that after the death of the deceased Mahadevamma the accused have failed to return dowry amount received at the time of marriage of Accused No. 1, thereby, they are alleged to have committed an offence Under Section 6 of the D.P. Act.

(3.) THE prosecution commenced its case with lodging of the complaint on 25.06.2003 by Rudrappa who is the brother of the deceased. He has stated in the complaint that his sister Mahadevamma was married to Accused No. 1 about one year four months prior to the said date in Shimoga. It is further stated ever since the date of marriage, the Respondents were subjecting his sister to harassment and meted out cruelty to her. His sister was tolerating the same and was carrying on with her life. It was also stated that the harassment was given for dowry and in this connection, deceased was telling her father about said harassment. On 25.06.2003 being unable to tolerate harassment given by accused persons, his sister has committed suicide by hanging in the house and therefore, he has requested for action against the Respondents. On the basis of the said complaint, the police have investigated the matter and filed charge sheet against three accused persons. During the trial PW1 - Rudrappa has been examined who is the complainant - brother of the deceased. He has stated as per the complaint given by him and further he has stated in the evidence that during the marriage talks, himself and one Thirathappa, Shivappa and Haleshappa have attended to talks. The Accused No. 1 along with Accused. No. 2 and Accused No. 3 were present during the said talk. At the time of talk, the accused demanded 15 to 18 gms of gold as dowry. 20 days thereafter, the engagement took place and one month prior to the date of marriage, they had paid Rs. 45,000/ - to Accused No. 1 and 15 days prior to the marriage another sum of Rs. 33,000/ - was given to him as dowry. It is in the evidence that the said amount was given by him and his uncle Thirthappa and one Shivappa to the accused. He has also given evidence that they have given 80 gms of gold, which included Mangalya and other ornaments to his sister including one ring and one chain to the Accused No. 1. He has further stated that accused was demanding Rs. 10,000/ - during marriage for the purpose of purchasing the land. This matter was brought to the notice of his sister, the deceased. It is further stated that they had paid Rs. 3,000/ - as against demand of Rs. 10,000/ - to the accused. Thereafter, they subjected her to death. Therefore, the complaint was filed.