STATE OF KARNATAKA Vs. SIDDALINGAIAH AND ORS

JUDGEMENT

(1.) This appeal is directed by the State against the judgment and order of acquittal dated 31.03.2008 recorded by the learned Sessions Judge, Chickaballapur, in S.C.No.259/2006, whereby the learned Sessions Judge found the accused not guilty for the offences under Sections 498-A, 304-B, 302 of IPC read with Sections 3, 4 and 6 of Dowry Prohibition Act.

(2.) Aggrieved by the judgment of acquittal, the State filed this appeal on the ground that the Trial Court failed to consider the evidence of PWs.1 and 2, the relatives of the deceased who have clearly stated in their evidence that the respondent subjected the deceased to cruelty and harassment in connection with demand of dowry, though sufficient dowry was paid at the time of marriage. The medical evidence produced by the prosecution reveals the deceased was having injuries and that the cause of death was due to asphyxia as a result of strangulation and that the death has taken place in the house of the respondent who is responsible for causing the death of the deceased. The appellant-State therefore contends that the respondentaccused is liable for punishment for the offences for which he was charged.

(3.) The relevant facts leading to this appeal are as under: