SHIVAPPA, S/O HANUMAPPA BEVINAGIDAD Vs. SHANKARAGOUDA

JUDGEMENT

(1.) These appeals are filed calling in question the judgment dated 29 September 2014 in Sessions Case in S.C. No.31/2013 on the file of the Principal Sessions Judge, Koppal (for short, ''the Sessions Court'). The Sessions Court by the impugned judgment has acquitted the respondents of offences punishable under section 498A , 304B read with Section 34 of the Indian Penal Code (for short, ' IPC ') and Sections 3 , 4 and 6 of the Dowry Prohibition Act, 1961 (for short, 'the DP Act'). The first of the appeals in Criminal Appeal No. 100008/2015 is filed by Sri Shivappa S/o Hanumappa, the elder brother of the deceased victim, Smt. Balamma @ Bhagyamma, who breathed her last on 07.12.2012 at Government Hospital, Gangavathi. The other appeal in Criminal Appeal No. 100016/2015 is filed by the State.

(2.) The investigation into the unnatural death of Smt. Balamma @ Bhagyamma is commenced with the registration of the First Information Report in Crime No. 117 of 2012 on 7.12.2012 at 2:30 PM by the Kanakagiri Police Station, Gangavathi Rural, Gangavathi. The information in this regard is lodged by the deceased's elder brother, Sri Shivappa S/o Hanumappa against the respondents and five others. The deceased Smt. Balamma @ Bhagyamma is the wife of the first respondent, the second and third respondents are her parents-in-law and the fourth respondent is her brother-in-law i.e., another son of the second and third respondents. The other five named in the first information are Sri Dyammanna Gowda, Sri Mare Gowda, Smt. Hanumavva, Smt. Asanegavva (the other children of the second and third respondents) and Sri Sharane Gowda (the second respondent's younger brother). The police however, after investigation have filed the charge- sheet only against the respondents for the offences punishable under Section 498A , 304B read with Section 34 of IPC and Sections 3, 4 and 6 of the DP Act.

(3.) The prosecution's case is summarized thus: