LAWS(KAR)-2014-11-329

STATE OF KARNATAKA Vs. H.K. CHANDRAKANTH

Decided On November 05, 2014
STATE OF KARNATAKA Appellant
V/S
H.K. Chandrakanth Respondents

JUDGEMENT

(1.) THERE is a delay of 26 days in filing the petition. For the reasons stated, the delay is condoned. The petition is admitted and considered for final disposal.

(2.) THE present petition is filed by the State questioning the concurrent findings of the courts below acquitting the accused. It was alleged by the complainant, namely the wife of Accused No. 1 that she was living along with her husband, his mother Accused No. 2, his handicapped sister Accused No. 3 and a married sister Accused No. 4 and that they were married in the year 2004 at Koppa. At the time of their marriage, the parents of the complainant had given cash of Rs. 1,50,000/ - and gold jewellery to Accused No. 1 and over the years, they had a female child who was aged 4 on the date of the complaint. It was her allegation that two years prior to the complaint, all the accused, namely Accused Nos. 1 to 4 were ill -treating the complainant and had started demanding a phenomenal amount of dowry and since she had pleaded her inability to get any dowry from her maternal home, she was constantly ill -treated and was not provided food and that there was also a threat of divorcing her and even killing her if she failed to get the dowry amount.

(3.) THE learned Government Pleader would seek to contend that both the courts below have glossed over material evidence that was produced in support of the case of the prosecution while referring to the evidence of PWs 3, 4 and 8 and that the said witnesses have not supported the case of the prosecution. While on the other hand there was positive evidence to bring home the charges, etc. He would also seek to urge other grounds that are raised in the present petition.