STATE OF KARNATAKA Vs. VENKATESH

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the FTC -VIIII, Bangalore City dated 30.11.2009 in S.C.No.282/2006 is appealed by the State. The respondents/accused Nos.1 and 2 were charge sheeted and tried for the offences punishable under Sections 498(A), 304(B) & 302 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. By the impugned judgment, both the accused are acquitted.

(2.) IN order to prove its case, the prosecution in all examined 24 witnesses and got marked 23 exhibits and 2 Material Objects. On behalf of the defence, 4 exhibits were got marked.

(3.) THE case of the prosecution in brief is that deceased Bhairavi is the wife of accused No.1; their marriage was performed on 16.05.2004; accused No.2 is the mother of accused No.1; prior to the marriage of the deceased with accused No.1, the accused allegedly demanded dowry in the form of cash as well as in the form of gold ornaments. The parents of the deceased satisfied the demand of the accused. After the marriage, accused started torturing the victim by pressurizing her to bring additional amount of dowry as well as a site from her parents; since, such demand was not met by the parents of the deceased, the accused set her ablaze after pouring kerosene at about 8.00 p.m. on 20.12.2005 in the matrimonial house of accused No.1 and deceased; immediately thereafter, the victim was admitted to Victoria Hospital for treatment; ultimately, the victim succumbed to injuries at 9.35 a.m. on 23.12.2005.