STATE OF KARNATAKA Vs. N RAJESH

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment dated 31.1.04 passed by the Prl. Civil Judge (Jr. Dn.) & JMFC, Chickballapur, in C.C. No. 125/01 challenging the acquittal of A-1 for the offence under Section 323, 498A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. for short D.P Act.

(2.) It is the case of the prosecution that the marriage of the accused look place with the complainant Surekha on 15.5.98 at Kota Vijayalakshmi Kalyana Mantapa and at the time of the marriage, it is alleged that the accused has demanded and received dowry of Rs. 3 lakhs and also after the marriage, he was harassing her and abusing her for the purpose of extracting dowry from the parents of the complainant and on 12.8.2000 he had criminally intimidated the complainant and assaulted with hands thereby he is alleged to have committed an offence under Section 323, 498A, and 506 IPC r/w Sections 3 and 4 of the D.P. Act.

(3.) In order to prove the ease, the prosecution has examined in all six witnesses and got marked Ex.P-1 to P-32 and produced Mos. 1 to 24. The defence of the accused was one of total denial. Thereafter, the learned Magistrate recorded 313 Cr.P.C statement of the accused and after hearing the prosecution and defence, the learned Magistrate was pleased to acquit the accused of all the offence. Hence, the State has filed this appeal.