STATE OF KARAATAKA Vs. NAGESHA AND OTHERS

JUDGEMENT

(1.) THE State has filed this appeal challenging the judgment and order acquitting the respondents for the charges under Section 498A of IPC and under Sections 3 and 4 of Dowry Prohibition Act on a trial held by the Chief Metropolitan Magistrate, Bangalore. The facts in brief and relevant for the purpose of this appeal are as under: PW1 - Anusuya is the wife of accused No. 1 and their marriage took place on 13.06.1994. During the marriage negotiations, it was agreed that the parents of PW1 have to give 32 grams of gold to the bridegroom, a citizen watch, one ring and a cash of Rs. 5,000/ - for clothes. As agreed upon, the cash and articles were given in the marriage. Anusuya (PW1) went to her husband's home and led happy marital life for about 9 months. She was pregnant and at that time, it is alleged that her husband subjected her with cruelty and harassment and he is said to have kicked on her abdomen and thereby she underwent involuntary abortion. She claims that the respondents who are accused 2 to 10 also subjected her to cruelty and harassment and insisted her to bring Rs. 10,00,000/ - from her parents. As she was not able to bring the money, she is said to have subjected to cruelty and harassment. It is in these circumstances, PW1 filed a complaint Ex. P1 to the police and after registration of the complaint, FIR was sent to the Magistrate, statement of witnesses were recorded, spot mahazar was held as per Ex. P2 and the relevant documents were collected and charge -sheet came to be filed against accused No. 1 and the respondents i.e., 2 to 10 for the aforesaid charges.

(2.) DURING the trial, PWs.1 to 12 were examined and documents Exs. P1 to P9 were marked. Statement of the accused were recorded under Section 313, Cr.P.C. DW1 (accused No. 1) was examined as defence witness and documents Exs. D1 to D12 were marked in his evidence. The Trial Court after hearing the counsel for parties and on appreciation of the material placed on record, acquitted accused Nos. 2 to 10. Aggrieved by the acquittal, the present appeal has been filed by the State.

(3.) IT is the contention of learned High Court Government Pleader that PW1 -the wife of accused No. 1, PW2 - sister of PW1 and PWs.3 to 5 - the brothers of PW1 have stated about the cruelty and harassment and also the demand of additional dowry of Rs. 10,00,000/ - and therefore, he submits that these evidence of the witnesses was overlooked by the Trial Court. He also submits that there is material on record to prove the cruelty and harassment and the respondents are liable for conviction for the offence punishable under Section 498A of IPC.