STATE BY POLICE INSPECTOR Vs. NARASAPPA @ NARASAIAH

JUDGEMENT

(1.) THE State has filed this appeal against the Judgment of acquittal of respondents 1 to 3 (accused 1 to 3) for offences punishable under Section 498A, 302 of IPC and also under Section 3, 4 and 8 of the Dowry Prohibition Act. Accused 1 was the son of accused 2 and 3. Accused 1 had married the deceased Nagarathna. P.W. 20 -N. Kalegowda and P.W. 23 -Lakshmamma are the parents of the deceased Nagarathna. P.Ws.21 and 22 are the paternal uncle and aunt of the deceased. P.W. 27 is the younger brother of the deceased. The marriage of the deceased with the accused was performed on 15.11.1999.

(2.) IT is the case of the prosecution before the marriage negotiations took place in the house of P.W. 1, accused demanded cash of Rs. 15,000/ -, gold jewels weighing 150 grams and a site measuring 40 x 60 feet at Bangalore, as dowry in connection with the marriage between the first accused and deceased. P.W. 20 agreed to give a site measuring 20 x 30 feet, cash of Rs, 10,000/ - and gold jewels weighing 150 grams as dowry to the accused No. 1, a part of the dowry was paid at the time of marriage negotiations and also at the time of marriage. The remaining part of the dowry (a site measuring 20 x 30 feet) was agreed to be given after the marriage.

(3.) THE deceased gave birth to a female child, when the child was aged about eight months, accused No. 1 took the deceased and child to his parental house at Eligehalli. When the parents of the deceased namely, P.W. 20 -N. Kalegowda, P.W. 23 -Lakshmamma had gone to the house of accused to bring their daughter for a religious ceremony, they refused to send the deceased and child stating that P.Ws.20 and 23 have not paid the remaining amount of dowry and, therefore, they would not send the deceased, There was intervention of some well wishers and the accused agreed to send the deceased to her parental house after a week.