LAWS(KAR)-2014-9-118

STATE OF KARNATAKA Vs. BOREGOWDA

Decided On September 10, 2014
STATE OF KARNATAKA Appellant
V/S
BOREGOWDA Respondents

JUDGEMENT

(1.) The judgment and order of acquittal dated 7th July 2010 passed by Fast Track Court, Bangalore City in S.C.No.255/2009 is appealed against by the State.

(2.) The case of the prosecution in brief is that deceased Shobha married accused No.1 on 15.6.2008. Accused Nos.2 and 3 are the parents of accused No.1; accused No.4 is the unmarried sister of accused No.1; PWs-1 and 9 are the parents of the deceased; PW-4 is the sister of the deceased and PW-11 is the husband of PW-4; at the time of marriage, all the accused demanded and obtained 150 grams of gold ornaments and cash of Rs.1.00 lakh; after the marriage, the accused started demanding additional amount of dowry of Rs.1.00 lakh and in that connection, they subjected the deceased to cruelty; since the deceased could not tolerate the ill-treatment both physical and mental, by the accused, she committed suicide on 20th November 2008 at about 11.00 a.m. by hanging herself in the matrimonial house. According to the case of the prosecution, the accused abated the commission of suicide by torturing her repeatedly.

(3.) In order to prove its case, the prosecution in all examined 15 witnesses and got marked 15 exhibits and six material objects. On behalf of the defence, no witness is examined. The Trial Court, as aforementioned, acquitted all the accused. It is relevant to note that during the course of trial itself, accused No.1, the main offender died, inasmuch as, he also committed suicide. Thus the case against him abated. The Trial Court having found that there is no adequate material against other accused acquitted them.