STATE OF KARNATAKA Vs. LAXMI KESHAV GOUDA

JUDGEMENT

(1.) This appeal is filed by the State assailing the judgment of acquittal in Sessions Case No.14/2011 dtd. 17/1/2019 passed by the I Addl. District and Sessions Judge, U.K., Karwar, sitting at Sirsi arising out of Crime No.180/2010 of Siddapura Police Station, registered for the offences punishable under Ss. 498A , 307 , 504 and 506 read with Sec. 34 of the Indian Penal Code, 1860 (for short, ' IPC ') and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'DP Act').

(2.) Brief facts of the prosecution case is that, PW.2-victim filed the first information (complaint) - Ex.P.11 against the accused persons contending that accused No.2 is her husband, accused Nos.1 and 3 are her in-laws. Her marriage was solemnised on 8/5/2009 with accused No.2 as per customs prevailing in their community in the presence of elders of both families. The marriage of accused No.2 with PW.2 was arranged by PW5 the brother-in-law of PW.2 and at the time of marriage talks, accused persons demanded Rs.25,000.00 as dowry, but father of the complainant expressed that he is a poor person and unable to pay the dowry and therefore, after negotiation between them, the father of the complainant performed their marriage by incurring necessary expenses. After the marriage, the marital life of PW.2 with accused No.2 was cordial for couple of days and after two months of the marriage, accused persons physically and mentally ill-treated her and abused her in filthy language that she has not brought Rs.25,000.00 dowry from her parental house and also stated that her father gave only a gold finger ring at the time of marriage and therefore, she was threatened that if she will not bring a sum of Rs.25,000.00, they will eliminate her. In that regard, a panchayat was also held on 18/10/2019, at that time, the father of the complainant gave an undertaking that he would arrange for money within a year and thus, requested the accused persons to look after his daughter properly, but even then, the accused persons went on physically and mentally harassing her. It is further case of the prosecution that, PW.2 went to her parental house for delivery and stayed there for two and half-a-month. After delivery, when she returned to her matrimonial house with a baby, the accused persons once again abused her in filthy language and subjected her to cruelty in respect of demand of dowry, in that regard, the persons who held panchayat on earlier occasions came and once again advised the accused persons not to ill-treat PW.2 and even after such advice, PW.2 was subjected to mental and physical harassment by the accused. It is further contended that, on 23/9/2019 at about 7.00 a.m., accused No.2 went to Honnavara for his coolie work and at about 9.00 a.m., accused No.3 was working in the fields at the backyard of house and PW.2 was heating water over wood burning hearth for bathing the child, at that time, accused No.1 came from behind, abused her in filthy language stating that she has not brought dowry amount from her parental house and she is not doing her work properly. Thus, poured kerosene on her and at that time, the fire from the wood burning hearth set fire to saree of PW.2 and hence, she cried for help, at that time, accused No.3 hearing her cries came there and dowsed the fire and immediately, PW.2 was shifted to Government Hospital, Sirsi for treatment, where, PW.2 filed complaint against accused persons to the Police. On the basis of Ex.P.11- complaint, Siddapura Police registered the case against accused Nos.1 to 3 in Crime No.180/2010 for the offences punishable under Ss. 498A , 504 , 506 and 307 read with Sec. 34 of IPC and Ss. 3 and 4 of the DP Act.

(3.) The Investigation Officer during the course of investigation visited the spot, conducted spot and seizure panchanama, recorded statement of witnesses, seized the incriminating material, collected all documents and arrested accused Nos.1 to 3 and at the conclusion of the investigation, filed charge-sheet against accused Nos.1 to 3 for the aforesaid offences.