STATE OF KARNATAKA Vs. NARENDRA BABU

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Fast Track Court in SC.No.504/2003 is called in question in this appeal by the State. The accusedrespondents were tried for the offences punishable under Section 498A, 304B r/w. Section 34 of IPC.

(2.) THE case of the prosecution in brief is that deceased Saritha is the daughter of PW.7 born through Smt.Kumari; PW.7 has two wives, namely Smt.Padmavathi (PW.3) and Smt.Kumari; Padmavathi as well as Smt.Kumari got children out of their wedlock with PW.7; accused No.1 is the husband of the deceased; accused No.2 is the mother of accused No.1; accused No.3 is the brother of accused No.1; accused No.4 is the father of accused No.1; marriage of the deceased and accused No.1 was performed on 25.11.2001 as per Hindu Rites and Customs; accused No.1 and deceased lived happily in the matrimonial house for 3 to 4 months; thereafter all the accused started harassing the deceased by forcing her to bring additional amount of dowry; at the time of marriage, accused were provided with an amount of Rs.4 lakhs as dowry apart from 200 grams of gold ornaments; since deceased could not tolerate the torture of the accused, she came to her parents' house and committed suicide during mid night intervening between 5.5.2003 and 6.5.2003. Complaint came to be lodged by PW.7 - father of the deceased before Yelahanka Police Station at 10.30 a.m. on 6.5.2003 as per Ex.P10. The complaint came to be registered by the SHO of Yelahanka Police Station (PW.13) in Crime No.160/2003 for the offences punishable under Section 498A and 304B of IPC and Sections 3 and 4 of Dowry Prohibition Act. The police after investigation laid the charge sheet.

(3.) IN order to prove its case, the prosecution in all examined 18 witnesses and got marked 20 Exhibits and 23 Material Objects. On behalf of the defence, 5 witnesses were examined and 6 Exhibits were got marked. The Trial Court on evaluation of the material on record and on hearing, acquitted all the accused by giving benefit of doubt in their favour. Learned Government Pleader appearing for the State taking us through the material on record including the judgment of the Trial Court, contended that the Trial Court has not appreciated the evidence on record and it has merely proceeded on assumptions. The consistent evidence of PWs.1, 2, 3, 4, 7, 9 would amply go to show that all the accused demanded and accepted the dowry of Rs.4 lakhs apart from gold ornaments prior to the marriage; being not satisfied with such amount of dowry already paid, the accused started harassing the deceased by pressurizing her to bring additional amount of dowry; even on the date of the incident at about 10.30 p.m. or 11.00 p.m. the accused tortured the deceased by assaulting her; accused left the deceased in front of the house of PW.7 after assaulting her at about 11.00 p.m.; the deceased thereafter went inside her father's house and slept. In the morning it was found that she committed suicide by hanging. Thus, according to the learned Government Pleader, prosecution has proved its case beyond reasonable doubt regarding demand and acceptance of dowry, so also harassment by the accused after the marriage by demanding additional amount of dowry. He further submits that presumption is in favour of the prosecution inasmuch as the death has taken place within seven years of marriage.