STATE OF KARNATAKA Vs. NANDISH

JUDGEMENT

(1.) THE respondent/accused took his trial before II Addl. District and Sessions Judge, Kolar, in S.C. No. 80/2004 for the charges under Sections 498A, 304B of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. The allegations made against the accused was that he married the deceased Manjamma d/o P.W. 13 -Krishnappa and P.W. 14 Muni Hanumakka on 20.3.2000. Prior to the marriage, during the negotiations, the accused and his parents demanded dowry in the form of gold ornaments and they were given at the time of marriage. Subsequent to the marriage, the accused went on pestering the deceased to bring money from her parents and when she failed to comply with the said demand, she was subjected to cruelty and harassment. The deceased Manjamma in a bid to commit suicide doused herself with kerosene at about 11.30 a.m. on 19.12.2003 and set herself on fire and subsequently at about 6 p.m. on 26.12.2003 she succumbed to the burn injuries. Thus the death of the deceased was a dowry death within the meaning of Section 304B IPC.

(2.) THE respondent/accused pleaded not guilty for the charges levelled against him and claimed to be tried. The prosecution led evidence in support of the charges levelled against the accused. The defence of the accused was one of total denial and that of false implication. According to the accused, during the night on 19.12.2003, after dinner, the deceased and her husband slept in the house by keeping the burning kerosene lamp beside her, since there was power failure and accidentally, the lamp fell down on the floor and the kerosene oil spread on the floor caught fire, as a result of which she sustained burn injuries, to which she succumbed later. Thus, according to the accused, the death of the deceased was an accidental one.

(3.) THE learned Sessions Judge placing reliance on the statement made by the deceased before the doctor in Victoria Hospital when she was brought there and also the statement made by the deceased before the police officer as per Ex. P11, came to the conclusion that the death of the deceased was accidental and not suicide. In that view of the matter, the learned Sessions Judge held that the prosecution has failed to prove the guilt of the accused for any of the charges levelled against him. Consequently, the accused was acquitted of all the charges. Being aggrieved by the said judgment of acquittal the State is in appeal.