STATE Vs. R THANDAVA MURTHY AND ORS

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal dated 30.7.2007, passed by the Fast Track Court-VI, in SC.No.354/2004.

(2.) Case of the prosecution in brief is that PW.1- Smt.Kalavathi is the wife of Muralidhar-acused No.5 and their marriage was performed on 21.10.2001 at Bangalore. At the time of marriage, accused demanded and received Hero Honda motor cycle, gold chain, two gold rings, gold bracelet, Titan watch, etc., and cash of Rs.75,000/-; accused No.5 was having job at Dharwad; PW.1 lived with accused No.5 at Dharwad for some time and later accused No.5 left her on 2.4.2002 in his house at Bangalore, wherein accused Nos.1 to 4 and 6 to 8 resided under the same roof; accused Nos.1 and 3, are the father and younger brother of accused No.5, whereas accused Nos.2 and 6 are the elder sisters of accused No.5; accused No.4 is the husband and accused No.7 is the son of accused No.6; accused No.8 is the second husband of accused No.2; accused Nos.1 to 8 were residing in the house belonging to accused No.1 situated at Bangalore; however accused No.5 was ordinarily living at Dharwad since he had job at Dharwad.

(3.) It is alleged by the complainant that on 12.7.2003, accused Nos.1, 2, 3, 4 and 7 had driven out the complainant from the matrimonial house; prior to that all the accused tortured the complainant both physically and mentally; for two days prior to 12.7.2003, the complainant was confined in the house without food; on 12.7.2003 she was beaten carelessly and a gas pipe was opened in order to see that the complainant dies at any cost. Complaint came to be lodged at 23.00 hours on 12.7.2003 based on which Crime No.235/2003 for the offences punishable under Sections 498-A and 307 r/w. Section 149 of IPC. Thereafter the additional complaint is lodged on 15.7.2003 making further allegations against accused No.5 and others relating to demand and payment of dowry, harassment, etc. The accused were charged for the offences punishable under Sections 498-A, 307 r/w. Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act.