STATE OF KARNATAKA Vs. PURUSHOTHAMA

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal rendered by the Court of II Addl.District and Sessions Judge, Kodagu - Madikeri sitting at Virajpet in S.C.No.45/2008 dtd. 30/12/2015 acquitting Accused No.1 for the offence punishable under Ss. 304-B, 306 r/w 34 of IPC, 1860 and for the offences punishable under Ss. 3, 4 and 6 of the Dowry Prohibition Act. But held conviction for the offence punishable under Sec. 498-A of IPC. Whereas in this appeal seeking intervention it needs by consideration of grounds urged in this appeal. Consequently, to set-aside the judgment of acquittal rendered by the trial Court and convict respondent / accused No.1 for the aforesaid offences for which he was charged.

(2.) Heard, learned HCGP for State and so also, learned counsel Sri Sudeep Bangera for respondent / accused. Perused the judgment of acquittal.

(3.) The factual matrix of the appeal is as under: It is transpired in the case of the prosecution that the marriage of accused No.1 namely Purushothama @ Mari was performed with deceased Vimalakshi as per the customs prevailed in their society and their marriage was performed on 22/5/2006. Prior to 25 days of the marriage there was marriage talks held in the presence of the elderly persons wherein accused No.2 - Ponnachana Uthappa who is none other than the father of accused No.1 had demanded to provide dowry in terms of cash. Accordingly, the parents of deceased had given dowry in a sum of Rs.45,000.00 to accused No.2 through the cheque issued by CW.4 being the witness who has been cited in the charge sheet. During the marriage golden ornaments were also given to the bride and bridegroom. Subsequent to the marriage, deceased started residing with the accused persons consisting her husband accused No.1 and her in-laws being arraigned as accused Nos.2 and 3. But she was happily residing in the matrimonial house after two months of the marriage. Thereafter accused persons demanded to her to bring additional dowry from her parents. Accused No.1 was addicted with some bad vices by consuming alcohol and deceased was afraid of selling the other ornaments by accused No.1 and therefore, she had kept them in her parents house. However, the accused persons demanded deceased - Vimalakshi to bring the dowry in terms of gold items, if not, cash of Rs.5,000.00 was asked to bring. Accused persons picked up quarrel with the deceased by abusing in filthy language and used to assault her. The deceased had gone to her parents house due to physical as well as mental harassment extended by the accused persons. She has narrated such kind of cruelty meted out at the hands of her husband including of her parents-in-laws. The accused persons also demanded cash of Rs.10,000.00 from Sthri Shakthi Sangha. These are all the things that took place in the family affairs of deceased and accused No.1 and so also, his parents being arraigned as accused Nos.2 and 3. Prior to five days of her death, deceased Vimalakshi had gone to Kushalnagara in respect of opening ceremony of the house of PWs.4 and 5 where she has briefed about the harassment extended by her husband and also her inlaws. Therefore, her relatives had pacified her and accordingly, she had been to the house of her husband. But accused No.1 despite of advise made to her relating to running of family in a conducive atmosphere, but accused No.1 demanded her to bring a sum of Rs.5,000.00. Despite of that kind of dowry that has been fulfilled, but she was given physical as well as mental harassment by the accused persons. Due to that harassment, she consumed pesticides on 26/10/2007 at 1.00 p.m. She was taken to Virajpet Government Hospital to provide treatment and also to save her life, but she last her breath at 4.05 p.m. due to dowry harassment meted out at the hands of her husband in co-ordination with the in-laws.