SHAM PRASAD BEKAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is one of those extraordinary cases where the husband and the mother-in-law of the deceased who were charge-sheeted for offences punishable under Sections 498-A, 302, 304-B of the IPC along with Sections 3 and 6 of the Dowry Prohibition Act (hereinafter referred to as the 'act'), seek the father of the deceased P. W. 1 and the brother of the deceased P. W. 4 and the other witnesses to the prosecution P. Ws. 5 and 6 to be arrayed as accused along with them under the provisions of the act. The Trial Court having rejected the same, the petitioners are before this Court in revision.

(2.) THE facts of the case as succinctly set out by Mr. S. J. Chouta, counsel for the accused are briefly as follows. The petitioners are accused in S. C. No. 50 of 2001. Charges have been framed against them for the offences punishable under Sections 498-A, 302, 304-B of the IPC and Sections 3 and 6 of the Dowry Prohibition Act. The accused pleaded not guilty to the said charges. They have categorically denied either the demand or acceptance of any dowry in consideration for the marriage of the deceased with the 1st petitioner and also of any harassment or cruelty to the deceased prior to her death. The trial is in progress and 6 prosecution witnesses including respondents 2 to 6 have been examined. As per the allegations, the 1st petitioner had married Geetha (deceased ). Geetha was the daughter of respondent 2. Their marriage took place according to the customs on 10-1-2000 in Kundapura Town. Geetha died on 13-4-2000 in the house of the petitioners under unnatural circumstances. Allegation of the prosecution is that the accused had poured kerosene and ignited it.

(3.) IT is alleged that the accused had demanded from P. W. 1 (respondent 2) dowry of Rs. 5,00,000/- in cash and gold ornaments weighing about 30 pawans. However, P. W. 1 agreed to pay a sum of Rs. 1,50,000/-in cash and gold ornaments weighing about 18 pawans as dowry.