STATE OF KARNATAKA Vs. SURESH AND ORS.

JUDGEMENT

(1.) THE Judgment & Order of acquittal dated 25th August 2010 passed by the Presiding Officer, Fast Track Court -VI, Bangalore City in S.C. No. 457/2005 is called in question by the State in this appeal.

(2.) CASE of the prosecution in brief is that deceased Vanajakshi was in love with Accused No. 1 - Suresh; Accused No. 1 is an auto driver by profession; father of Vanajakshi was an Attender in certain organization; Accused No. 2 - Chandramma is the mother of Accused No. 1; the case as against Accused No. 3 - Kum. Shoba is split up; Accused No. 4 - Hemalatha is the sister of Accused No. 1; Accused No. 4 is married and residing in her matrimonial house in a different area; Accused No. 2 - Chandramma is also an Attender working in certain other organization; Deceased Vanajakshi is from lingayath community, whereas accused are from naidu community. As aforementioned, Accused No. 1 and deceased Vanajakshi were loving each other and they decided to marry; However the family members of Vanajakshi were opposing such marriage; The deceased Vanajakshi went with Accused No. 1 and married in a temple against the wish and will of her parents Subsequently, the parents of Vanajakshi brought her to their house; Accused No. 1 lodged a complaint against the parents and other family members of Vanajakshi in Kamakshipalya Police Station alleging harassment towards Vanajakshi; a compromise took place in the Police Station and thereafter the deceased Vanajakshi was permitted to go to her matrimonial house; subsequently their marriage was registered in the Sub -Registrar's office; After the marriage, she started residing in the house of the accused.

(3.) SRI K. Nageshwarappa, learned High Court Government Pleader taking us through the material on record submits that the appreciation of evidence by the Court below is improper and incorrect; that the evidence of P.Ws. 1, 2, 5 and 6 is sufficient to conclude that the accused demanded dowry just prior to the incident in question and since such demand was not met by them, accused started harassing the victim and consequent upon which the victim committed suicide by setting herself ablaze. He further submits that the reasons assigned and the conclusions arrived at by the Court below are improper and incorrect. According to him, the trial Court has proceeded casually while acquitting the accused.