STATE OF KARNATAKA Vs. RAMAKRISHNA

JUDGEMENT

(1.) The State has preferred this appeal under Sec. 378 of the Code of Criminal Procedure challenging the acquittal judgment dtd. 31/10/2015 in S.C.959/2011 on the file of Additional City Civil and Sessions Judge, Bengaluru City (CCH 52).

(2.) The respondent being accused No.1 and his father being accused No.2 were charged for the offences punishable under Sec. 498A , 304B IPC and Sec. 3 and 4 of Dowry Prohibition Act read with Sec. 34 IPC. During trial, accused No.2 died and the case against him stood abated.

(3.) The prosecution case is : The marriage of the respondent with Shilpa, the deceased in this case was performed on 30/5/2010. Shilpa committed suicide on 22/12/2010. The allegations leveled against the accused were that they demanded for 150 grams of gold and cash of Rs.2,00,000.00 during the negotiations held before the marriage and their demand was met by the mother of Shilpa, i.e., PW2. After the marriage the accused demanded for a motor bike and in this connection they used to subject Shilpa to physical and mental cruelty. Being unable to bear the torture she committed suicide by setting herself ablaze. In regard to this incident of suicide the police registered UDR at the instance of PW4. PW12-the Taluka Executive Magistrate conducted inquest on the dead body and as he came to know that the suicide was owing to demand for dowry, he gave a report to the police as per Ex.P11 who registered FIR in Crime No. 634/2010. FIR was registered against three accused, but after the investigation, charge sheet came to be filed only against the respondent and his father and the third accused-Kumara was dropped from the charge sheet.