STATE OF KARNATAKA Vs. C. RAMESH

JUDGEMENT

(1.) This criminal appeal is filed under Section 378 (1) and (3) of the Code of Criminal Procedure assailing the judgment and order dated 16.01.2017 passed by the III Addl. District and Sessions Judge, Ballari, in S.C.No.5029/2014.

(2.) The State of Karnataka has filed this appeal challenging the order of acquittal passed by the trial Court.

(3.) The case of the prosecution is that the deceased Kusuma was married to the respondent/accused No.1 on 30.06.2007. Respondents 2 and 3 are accused Nos.2 and 3 and the parents of accused No.1. It is contended that at the time of marriage, the respondents had demanded 2 acres of land and 8 tholas of gold as dowry. It is contended that the parents of Kusuma had orally agreed to transfer 4 acres of agricultural land in favour of accused No.1 and they had given 4 tholas of gold while agreeing to give remaining 4 tholas subsequently. It is contended that accused No.1 was permitted to cultivate the 4 acres of land which was identified for being given as dowry, although the actual transfer was not done. The marriage was registered on 06.09.2007 in the office of the Sub-Registrar, Kudligi. It is contended that the accused persons were ill-treating Kusuma and she was subjected to cruelty and harassment, both physically as well as mentally. The parents of Kusuma had advised accused No.1 several times not to harass their daughter. Nevertheless, the accused persons did not heed to the advise of Kusuma's parents. Unable to bear the torture at the hands of the accused persons, Kusuma's parents transferred two acres of land in Sy.No.515 of Thoolahalli village, Kottur hobli, Kudligi taluk, in favour of Kusuma, by executing a gift deed and registering the same in accordance with law. In spite of the said transfer of land, the accused persons were not happy and accused No.1 was pestering Kusuma to transfer the two acres of land in his name. Two children were born out of their wedlock. Unable to bear the torture, Kusuma went to her parent's house on 06.02.2014. However, the elder brother and sisters of Kusuma pacified her and sent her back at about 6 p.m. on 07.02.2014, by putting her and the children on bus. On the night of 07.02.2014, the accused No.1 picked up quarrel with Kusuma at the instigation of accused 2 and 3 and sent her out of the house. It is contended that since the house of the accused persons was small, Kusuma and accused No.1, her husband used to sleep in the gin (flour mill) belonging to PW-15 (Veeranagouda). Accused No.1 again went to the gin and with an intention to kill Kusuma, gagged Kusuma's mouth with a bed sheet. Kusuma died of suffocation. Later, the accused persons threw the body of the deceased in the pit meant for dumping cow dung, at the premises belonging to PW-15. Further, in order to destroy the evidence, the accused persons sprinkled pesticide on the dead body and threw the pesticide bottle in the cow dung pit.