THE STATE OF KARNATAKA Vs. JAGADISH AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is against the acquittal of the accused for the offences punishable under Section 306 r/w 34 IPC in S.C. No. 515/2007 on the file of Fast Track Court -VI, Bangalore City by judgment and order dated: 2.8.2010.

(2.) THE case of the prosecution is that accused No. 1 Jagadish and PW -3 - Indramma were loving each other for about three years. But accused No. 1 was not ready to marry PW -3. As such, deceased -brother -in -law of PW -3 brought accused No. 1 and performed the marriage of accused No. 1 with PW -3 against his wish on 19.5.2006 at Ranganatha Temple, Kunigal. During the marriage, photos and videos were taken. The accused No. 1 was not happy with the conduct of the deceased in performing his marriage. Though marriage was performed, accused No. 1 deserted PW -3 on the date of the marriage and left PW -3 in her parental house at Chikkamagalur. Since accused No. 1 was disgruntled with the marriage and the conduct of deceased in arranging his marriage, accused No. 1 instigated accused Nos. 2 to 8 to demand a sum of Rs. 2.00 lakhs from the deceased and to bring photographs and videos that were taken during the marriage. At the instigation of accused No. 1, accused Nos. 2 to 8 approached the deceased on two to three occasions and demanded the photographs and videos and cash amount of Rs. 2.00 lakhs. They also threatened him of dire consequences, if their demands are not fulfilled. Annoyed by the same, on 31.5.2006 at about 1.00 p.m. deceased Rajendra committed suicide while he was alone in his house. His cousin Basavaraj lodged a UDR complaint before Rajagopalanagar police station on the same day, stating therein that on account of financial dispute between deceased and his business partners, viz., Manju, Gangadhar, Rajenda, Dorai, Rajashekar, Ganesh and Venu and also in connection with the marriage of PW -3, deceased committed suicide. Next day of the incident, i.e., on 1.6.2006, one Lokesh gave another complaint as per Ex -P1 stating therein that because of the harassment and cruelty meted out to deceased by all the accused, deceased was driven to commit suicide. On the strength of Ex -P1, Rajagopalanagar police registered a case against all the accused persons for the offence punishable under Section 306 r/w 34 IPC in Cr. No. 214/2006. During the course of investigation, the police seized a notebook, wherein the deceased said to have written the cause which led him to commit suicide as per Ex -P2. The police recorded the statement of witnesses and after completion of investigation, charge -sheet came to be filed against accused Nos. 1 to 8 for the aforesaid offences.

(3.) AGGRIEVED by the acquittal of all the accused, the State has come up in this appeal.