STATE OF KARNATAKA Vs. SHARANAYYA

JUDGEMENT

(1.) THE State has preferred this appeal challenging the judgment of acquittal passed by District and Sessions Judge, Gadag in S.C. No.21/2008, for the offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act, 1986 (hereinafter referred to as 'D.P. Act' for brevity).

(2.) IT can be seen from the records that police have filed charge sheet against the accused persons for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity) and under Sections 3, 5 and 6 of D.P. Act.

(3.) THE brief facts that emanate from records are that one Mudukayya Channaveerayya Hiremath of Kalakeri village, Mundargi taluk had lodged a complaint that out of his children consisting of two sons and four daughters, one daughter by name Vijayalaxmi was given in marriage to accused No.1 Sharanabasayya S/o. Andanayya Hiremath about one year prior to lodging of complaint. The family members of accused No.1 have demanded cash of Rs.30,000/ - and two tolas of gold as dowry. At the time of marriage complainant has given cash of Rs.20,000/ - and two tolas of gold. Apart from clothes complainant has given wrist watch and has performed the marriage. However, complainant was in a due of Rs.10,000/ -, to be payable to accused No.1 as dowry. After marriage, Vijaylaxmi was looked after with all love and affection by the accused persons for a period of two months, and thereafter they have started ill - treating and harassing Vijayalaxmi for the remaining amount of dowry. All these facts have been informed to complainant by his daughter. Hence, complainant and his sons have been to the house of accused persons and have assured them that an amount of Rs.10,000/ - will be paid within one year. Since the accused persons were about to harvest groundnut in their fields, they have demanded for payment of remaining amount of dowry from the complainant. About one month prior to the filing of complaint, deceased - Vijayalaxmi had stayed for about 12 days in Kalakeri village and during that time she has requested her father to pay the remaining amount of dowry in order to live happily in her matrimonial home. On 03.12.2007 a person from Kyasalapur had telephonically informed complainant that Vijayalaxmi has drowned in an open well of Megalamaniyavar and that her death had taken place some time between 12 p.m. and 4 p.m. As such complainant went to the said spot and saw his daughter lying dead. It was his belief that death was due to continuous harassment meted out by the accused persons to the deceased. Accordingly, complainant has lodged a complaint. Police have investigated the matter and laid charge sheet against the accused persons for the above said offences.