LAWS(KAR)-2012-10-274

STATE OF KARNATAKA Vs. RAMACHANDRAPPA

Decided On October 11, 2012
STATE OF KARNATAKA Appellant
V/S
RAMACHANDRAPPA Respondents

JUDGEMENT

(1.) The State has preferred this appeal challenging the acquittal of the respondent for the charge under Section 498-A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, in the appeal against conviction for the said offences.

(2.) The facts reveal, that PW1 Radha is married to the respondent on 4.4.1993. It is alleged that at the time of marriage, on demand, a sum of Rs.80,000/- 11 tolas of gold ornaments and a site measuring 30 x 40 feet was given to the respondent as dowry. They led happy married life for about three years. She claims that the respondent, his parents and other family members were insisting to bring additional sum of Rs.1,00,000/- as dowry and threatened that in case if the amount is not brought, they would perform the second marriage of the first respondent. PW1 is said to have been subjected to cruelty and harassment and even in the panchayat the respondent and other family members said to have advised the respondents. It is alleged that on 24.1.1999 at about 10.00 a.m. the respondent and the family members beat her, kicked her and abused her in vulgar language and threatened her to bring a sum of Rs.1,00,000/- and in case if she does not bring the amount, they would cause her death by assault with a knife held by the respondent. It is in these circumstances, PW1 Radha filed a complaint to the police.

(3.) During investigation, the statement of the witnesses were recorded, spot mahazar Ex.P2 was held in the presence of PW8 and another. The knife produced by the respondent was seized under the mahazar Ex.P4. PW1 was treated by the doctor who issued a wound certificate Ex.P6. After collecting other documents, charge sheet came to be filed against the respondent and another accused for the aforesaid charges.