P GANGADHARA REDDY Vs. VELU MURUGAN

JUDGEMENT

(1.) THE Judgment and Order of acquittal dated 14th September 2010 passed by the 13th Fast Track Court, Bangalore city in S.C. No.85/2008 is called in question in this appeal by PW.1 (father of the deceased). All the three accused/respondents were tried and acquitted for the offences punishable under Sections 498 -A and 304 -B r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) THE case of the prosecution in brief is that the deceased Neelangani is the wife of Accused No.1; Accused No.2 is the mother of Accused No.1 and Accused No.3 is the sister of Accused No.1; PWs.1 and 3 are father and mother of the deceased respectively; the marriage of Accused No.1 with deceased was performed on 22.8.2005 in Seetharama Kalyana Mantapa of Ramamandir situated at Rajajinagar, Bangalore; at the time of the marriage, Accused No.1 was paid Rs.50,000/ - as dowry and another sum of Rs.50,000/ - for purchasing the motorcycle apart from 25 sovereigns of gold and Rs.46,000/ - worth household articles; after the marriage, deceased started living with Accused No.1; in the very house, Accused Nos.2 and 3 were also living; after some time, the differences arose between the accused on one side and the deceased on the other; the accused started torturing the deceased to bring additional amount of dowry from her parents house; they started pressurizing the deceased to get the residential site also; a child was born out of the wedlock; even thereafter, the torture by the accused continued; since the deceased could not tolerate the ill -treatment meted out by her from the accused, she consumed poison on 9.8.2007 at 7.00 p.m.; PW.6 Mohan Kumar, the friend of Accused No.1 on seeing the victim on the footpath admitted her to Suguna Hospital with the help of his friends in an autorickshaw; later she was shifted to Victoria hospital by PW.6 wherein she died at about 10.15 p.m. on 10.8.2007.

(3.) IN order to prove its case, the prosecution in all, examined 16 witnesses and got marked 22 Exhibits and one material object. The trial Court on evaluation of the material on record, acquitted the accused.