STATE OF KARNATAKA Vs. KRISHNAMURTHY M. T.

JUDGEMENT

(1.) The Appellant - State has preferred this appeal by challenging the acquittal judgment rendered by the trial Court in S.C.No.257/2014 dtd. 4/2/2016 whereby the accused was acquitted for the offence punishable under Sec. 498A, 304-B alternatively 302 r/w 34 of IPC, 1860 besides Ss. 3 and 4 of the Dowry Prohibition Act, 1961. Whereas under this appeal the State is seeking intervention of the judgment of acquittal rendered by the trial Court and to set-aside the acquittal judgment and to convict the accused for the aforesaid offences.

(2.) Heard learned HCGP for State namely Sri Thejesh.P and learned counsel Sri S.N.Sameer for respondents - accused. Perused the judgment of acquittal rendered by the trial Court in S.C.No.257/2014.

(3.) Factual matrix of the appeal are as under: It is transpired in the case of the prosecution that accused No.1 - Krishnamurthy M.T. who is none other than the husband of deceased, accused No.2 - Smt.Lalithamma is none other than the mother-in-law and accused No.3 - Smt.Puttamma is the sister-in-law of deceased - Shailaja. The marriage of deceased was performed with accused No.1 - Krishnamurthy M.T as per the customs prevailed in their society on 1/5/2013. During her marriage with him that her parents had provided dowry in terms of gold ornaments and cash of Rs.70,000.00. Subsequent to her marriage with accused No.1 she had been to her matrimonial house to lead marital life with her husband and whereby the house was situated at L.Guddekoppa village, Mulugeri, Hosanagara Taluk. But all the accused with a common intention demanded deceased - Shailaja to bring additional dowry from her parents house despite of receipt of dowry in terms of gold ornaments and cash, but extended physical as well mental harassment to her. Due to the harassment meted out to her by the accused persons she committed suicide by consuming poison on 26/8/2013 in the early morning hours. The marriage of deceased was performed with accused No.1 and within a span of seven years from the date of marriage, but her death occurred within aforesaid span of seven years. Therefore, Sec. 304-B of IPC has been lugged against the accused along with other provision of Sec. 498-A and also alternatively Sec. 302 r/w 34 of IPC inclusive of Ss. 3 and 4 of Dowry Prohibition Act, 1961.