STATE OF KARNATAKA Vs. PRASHANTH

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal rendered by the Court of the I Additional Sessions Judge, Chikkamagaluru, in S.C.No.19/2014 dtd. 13/1/2016 acquitting the accused of the offences punishable under Sec. 498-A, 306, 304-B read with sec. 34 of IPC, 1860 and under Sec. 3 and 4 of Dowry Prohibition Act. Whereas in this appeal, the appellant/State is seeking intervention of this Court to consider the grounds urged in the appeal and consequently, set aside the acquittal judgment rendered by the trial Court and convict the respondents/accused for the offences alleged against them.

(2.) Heard learned HCGP Shri Abhijith.K.S. for the appellant/State and so also learned Senior Counsel Shri P.P.Hegde for learned counsel Shri Venkatesh Somareddi who is on record for respondents / accused Nos.1, 2 and 4. So far as the case against respondent No.3 / accused No.3 is abated in pursuance of order dtd. 15/7/2021 in view of the death of accused No.3 during the course of this appeal. Perused the impugned judgment of acquittal rendered by the trial Court in S.C.No.19/2014 dtd. 13/1/2016.

(3.) The factual matrix of this appeal are as under:- It has transpired in the case of the prosecution that, accused No.1 is the husband of Smt.Pushpa @ Pushpalatha. Her marriage was performed with accused No.1 on 12/2/2009 as per the customs prevailing in their society. Accused Nos.2 to 4 being the mother, father and sister's daughter of accused No.1 respectively, in furtherance of their common intention, since sometime after the marriage, were subjecting Smt. Pushpa @ Pushpalatha to cruelty by harassing her and also ill-treating her physically and mentally, as it likely to drive her to commit suicide. In furtherance of their common intention and in the course of the same transaction, received cash of Rs.35,000.00 and gold ornaments weighing 35 grams in all as dowry from the parents of the deceased. Despite receiving dowry in terms of cash and gold items from the parents of the deceased, the accused had extended physical as well as mental harassment, driving the deceased to commit suicide.