STATE OF KARNATAKA Vs. POKURI PRASAD

JUDGEMENT

(1.) The appellant-State has preferred the present appeal against the judgment and order of acquittal dated 16-1-2014 passed in S.C. No.219 of 2011 on the file of Fast Track Court-III, Bengaluru Rural District, Bengaluru, acquitting the accused for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code (for short, 'the IPC ') and Sections 3 , 4 and 6 of the Dowry Prohibition Act, 1961 (for short, 'the DP Act').

(2.) It is the case of the prosecution that on 4-12-2008, the marriage of accused No.1 and Radha (hereinafter referred to as 'deceased') was performed in the presence of the elders as per the Hindu customs. As per the complaint, at the time of marriage, Rs.10.00 lakh cash and other articles like one golden chain, four rings, one bracelet and 1kg silver was given to the accused as dowry. Post marriage, the deceased was residing in the house of accused No.1 along with his parents. They used to harass the deceased for bringing additional dowry. After few months, the deceased and accused No.1 was blessed with a baby girl. During November- 2010, they shifted the residence to Bengaluru as accused No.1 got job. It is further case of the prosecution that in view of constant harassment by accused No.1 and his family members, the deceased committed suicide on 18-3-2011 at 7:30 p.m. Therefore, a complaint came to be lodged. The jurisdictional Police registered a case against the accused for the offences punishable under Sections 498A and 304B read with Section 34 of the IPC and Sections 3, 4 and 6 of the DP Act. After investigation, the jurisdictional Police filed charge- sheet against the accused. The matter was committed to Sessions Court.

(3.) The learned Sessions Judge framed the charges against the accused persons for the above said offences and read over the contents of the charges. The accused persons pleaded not guilty and claims to be tried. Hence, the case was posted for recording the prosecution witnesses.