STATE OF KARNATAKA Vs. BALAJI S/O GOPALAKRISHNA

JUDGEMENT

(1.) THIS appeal is filed by the state under Section 378(1) and (3) of Code of Criminal Procedure [CrPC], challenging the judgment and order dated 24-8-2006, passed by the Sessions Judge and Fast Track Court-VII, Bangalore city in SC No 853 of 2005, acquitting the respondent-accused of the offences punishable under Sections 304-B, 306 and 498-A IPC and Sections 3, 4 and 6 of Dowry Prohibition Act, 1961 [for short, DP Act].

(2.) ORIGINALLY six persons including the respondent herein, who was first accused, were prosecuted for these offences. The prosecution case is that the respondent-first accused is the husband of deceased Manjula and their marriage had taken place about 61/2 years prior to the date of incident. After the marriage, accused was meting out harassment and cruelty to the deceased and thereby he is alleged to have committed offence punishable under Section 498-A of IPC. It is the further case of the prosecution that at the time of marriage of the deceased with the first accused-respondent on 25-5-1998, accused No 1 demanded and accepted a sum of Rs 40,000/- and Rs 60,000/- and gold ornaments, but failed to return the same to Manjula and thereby the accused are alleged to have committed an offence punishable under Sections 3, 4 and 6 of DP Act. It is the further case of the prosecution that on 22-3-2005, Manjula set herself on fire due to the cruelty meted out at her by the accused by harassing her to bring more dowry and thereby the accused are alleged to have committed offence of dowry death punishable under Section 304-B IPC. It is also the charge agaisnt the accused that the respondent-accused himself had driven Manjula on 22-3-2005 to commit suicide and thereby he is alleged to have abetted the commission of suicide by the deceased and therefore he is liable for punishment under Section 306 IPC.

(3.) LEARNED Addl. SPP submits that the prosecution case is based on the dying declaration recorded by the PW11 - PSI - and attested by PW16 - doctor in the Victoria hospital. It is submitted by the learned Addl SPP that the dying declaration said to have been recorded from the mouth of the deceased Manjula clearly indicates that the deceased was subjected to cruelty in terms of harassment for the purpose of bringing money from her parents' house and that respondent-accused was pinpricking the victim, as mentioned in the dying declaration itself.