STATE OF KARNATAKA Vs. SOMASHEKAR AND ORS

JUDGEMENT

(1.) The judgment and order dated 27.02.2012 passed by the Fast Track Court-III, Bengaluru Rural District, Bengaluru, in S.C. No. 204/2011 is called in question in this appeal by the State.

(2.) Case of the prosecution in brief is that Bhagyamma and accused No. 1 are the husband and wife. Their marriage was performed 18 years prior to the incident in question; accused Nos. 2 and 3 are the parents of accused No. 1; deceased and accused No. 1 had two children; the accused No. 1 was living with the deceased and two children in a house situated in garden land, whereas accused Nos. 2 and 3 were residing at Ramohalli Village. The couple lived amicably and lovingly for about 18 years; in the year 2009, the marriage of younger sister of the deceased was performed and in the said marriage the bridegroom was given more dowry; and thereafter, the accused started demanding more dowry in his favour; at the time of marriage, cash of Rs. 15,000/- and 4 tholas of gold were given to the accused by the parents of the deceased. Since the additional amount dowry was not given by the family members of the deceased, the accused started harassing the deceased both physically and mentally; the deceased could not tolerate the ill-treatment and therefore, the quarrels used to take place between the couple; on the date of the incident i.e., on 07.03.2010 at about 4.30 a.m., accused No. 1 took the deceased on motorcycle and pushed her in a well; consequently, the deceased died because of drowning; the factum of death of the deceased was suppressed by accused No. 1.

(3.) In order to prove its case, prosecution in all, examined 14 witnesses and got marked 13 exhibits. On behalf of the defence, no witness has been examined.