STATE OF KARNATAKA Vs. BHEEMRAJU

JUDGEMENT

(1.) The State has preferred this appeal challenging the judgment of acquittal rendered by the Trial Court in S.C.No.141/2012 dtd. 11/9/2014 acquitting the accused for offences punishable under Ss. 498-A, 302, 304B read with Sec. 34 of the IPC, 1860, besides Ss. 3 and 4 of the Dowry Prohibition Act, 1961. This appeal is filed by the State seeking to consider the grounds urged and to set aside the judgment of acquittal rendered by the Trial Court and consequently to convict the respondents / accused for the aforesaid offences.

(2.) Heard the learned HCGP Smt. Rashmi Jadhav for the State / appellant and so also learned counsel Shri Vikhyath B on behalf of learned counsel Shri S. Shankarappa for Respondent Nos.1 and 2. Perused the judgment of acquittal rendered by the Trial Court in S.C.No.141/2012 dtd. 11/9/2014 and the evidence adduced by the prosecution in respect of PW-1 to PW-15 and documents at Exhibits P1 to P16 inclusive of MO-1 to MO-3.

(3.) Factual matrix of this appeal is as under: It transpires from the case of the prosecution that Accused No.1 / Bheemraju is none other than the husband of the deceased Rashmi. The marriage of Bheemraju and Rashmi was performed as on 10/4/2006 as per the customs prevailing in their society. During their marriage, Rashmi's parents had provided dowry in terms of gold jewellery. Subsequent to their marriage, both of them are said to have led a happy marital life for a period of two years. Accused No.1 / Bheemraju is none other than her husband and Accused No.2 / Prema, W/o. Srinivasa is her sister-in-law. It is stated that both Accused Nos.1 and 2 had insisted Rashmi to bring dowry in terms of money from her parental home. Also they were ill-treating her on the ground that she did not beget a male child. On both the counts, it is stated that Accused Nos.1 and 2 were extending physical as well as mental harassment to deceased Rashmi. It is stated that as on 19/9/2011 at around 11.00 p.m., when the deceased was staying along with her husband and child in a rented house, accused No.1 had extended physical as well as mental harassment to her on the ground that she did not beget a son and did not fulfill his demand to bring money from her parents house. Hence, with an intention to take away her life, Accused No.1 / Bheemraju is said to have doused kerosene over her person and lit the fire. As a result, Rashmi sustained burning injuries over her person. Firstly she was admitted to Kunigal Government Hospital and was later shifted to Victoria Hospital, Bengaluru for further treatment. However, while she was under treatment in Victoria Hospital, she had succumbed to the injuries as on 20/9/2011 at around 4.00 a.m. in the wee hours.