LAWS(KAR)-2014-8-231

STATE Vs. B M BALAKRISHNA,

Decided On August 05, 2014
STATE Appellant
V/S
B M Balakrishna, Respondents

JUDGEMENT

(1.) THE judgment and Order dated 11.1.2007 passed by Addl. Sessions Court, Bangalore City in SC No.494/2004 is the subject matter of this appeal. By the said judgment, the Trial Court has acquitted accused persons 2 to 5 of all the charges leveled against them and convicted A1 Muralidhara for the offence punishable under Section 498A, 304B of IPC and Sections 3 & 4 of Dowry Prohibition Act.

(2.) IT is relevant to note that as against the judgment and Order of conviction passed by the Trial Court against A1, convicted A1 preferred Crl.A.No.68/2011 before this Court, which came to be allowed by the judgment and order dated 29.11.2007. Consequently, Accused No.1 was acquitted. This appeal i.e. Criminal Appeal No.729/2007 is filed by the State questioning the acquittal of accused persons 2 to 5 by the Trial Court.

(3.) THE case of the prosecution in brief is that the deceased Bagyalakshmi married A1 Muralidhar on 28.2.1999; the marriage expenses were borne by the parents of the bride; at the time of marriage, the accused demanded Rs. .50,000/ - cash and gold ornaments worth Rs. .1,25,000/ -; the parents of the deceased satisfied the demand of the accused by providing gold ornaments worth Rs. .1,25,000/ - and Rs. .30,000/ - cash. However, even after the marriage, the accused started torturing the victim proclaiming that the amount of dowry paid to A1 was inadequate and that she should bring additional amount of dowry. Being harassed, victim Bhagyalakshmi set herself ablaze along with her child and both of them lost their lives.