STATE OF KARNATAKA Vs. RAJENDRA AND ORS

JUDGEMENT

(1.) The judgment and order of acquittal passed by Addl. Sessions Court, Mandya in S.C.No.137/2004 is appealed against by the State. The accused/respondents were tried and acquitted for the offences punishable under Sections 498-A, 306, 304-B r/w 34 of IPC and Sections 3,4 and 6 of Dowry Prohibition Act.

(2.) The case of the prosecution in brief is that deceased Gayatri @ Nalini married accused No.1 on 15.5.1997. Accused No.2 is the father of accused No.1, accused No.3 is the mother of accused No.1 and accused No.4 is the sister of accused No.3; during the subsistence of marriage, two children are born out of the wedlock; at the time of marriage accused allegedly demanded dowry from the parents of the deceased and consequently, a cash of Rs.50,000/- was paid apart from gold and other articles to accused No.1 towards dowry; accused started ill-treating victim Gayathri by pressuring her to bring additional amount of Rs.50,000/-; however, additional dowry was not provided by the parents of the deceased as they were not in a position to provide additional dowry. Since harassment continued and as the victim could not bear such harassment, she committed suicide by hanging in the matrimonial house. A complaint came to be lodged by PW-1 as per Ex-P8. The police after investigation laid the chargesheet.

(3.) In order to prove its case, the prosecution in all examined 13 witnesses and got marked 28 exhibits and 28 material objects. On behalf of the defence, two witnesses were examined and two exhibits were got marked from the statement of PW- 5. The Trial Court on evaluation of the material on record acquitted the accused by giving benefit of doubt in favour of the accused.