THE STATE Vs. D.R. ISMAIL

JUDGEMENT

(1.) The judgment and order of acquittal dated 17.5.2011 passed by the First Additional Sessions Court, Tumkur in S.C. No. 21/2009, is called in question in this appeal by the state.

(2.) Case of the prosecution in brief is that the marriage of the accused and the deceased was performed on 24.12.2006 at Arafath Community Hall, Mysore, as per the customs prevailing in Muslim Community; at the time of marriage talks, the accused demanded a sum of Rs. 1,00,000/ - apart from gold ornaments and motorcycle; however, the parents of the deceased agreed to pay Rs. 28,000/ - in cash, neck chain, two rings and a wrist watch as dowry to the accused; certain gold ornaments were given to the bride; the accused and the deceased led married life for 15 days in Devanayakanahalli and thereafter they shifted their residence to Vijayanagar, Bangalore; the accused was working as Senior Accountant, Housing Development Corporation, Bangalore; the deceased was a Degree holder; they lived happily after their marriage for about five months and thereafter the accused started to harass the deceased pressurizing her to bring an additional amount of Rs. 50,000/ -; the said amount of Rs. 50,000/ - was paid in cash to the accused by the parents of the deceased; despite the same, he continued to ill -treat her by demanding a chain and a mobile phone; however, the said demand was not satisfied by the parents of the deceased; the brother of the deceased (P.W. 3), namely Noorulla Khan who was working at Haryana at that point of time came to Tumkur wherein his parents (parents of the deceased) were living, for celebrating Ramzan festival; PWs. 1 and 2 (parents of the deceased) requested the accused over phone to celebrate Ramzan festival along with them at Tumkur; however, the accused refused to go to Tumkur; PWs. 1 and 2 sent PW 3 to bring the accused and the deceased to Tumkur for celebrating Ramzan festival; despite the same, the accused did not proceed to Tumkur; however the deceased went to Tumkur along with her brother -PW. 3 on 10.10.2007; at about 6.00 to 6.30 p.m., on 11.10.2007, when PWs. 1 to 3 wanted to go to market for purchasing some articles for Ramzan festival, they requested the deceased to accompany them; however she refused to accompany them and she remained in the house on the ground that she was suffering from pain in her legs and that she needed rest; at about 9.00 p.m., when PWs. 1 to 3 came back to their house they found the deceased committing suicide by hanging herself.

(3.) In order to prove its case, the prosecution in all has examined 23 witnesses and got marked 19 Exhibits and 7 Material Objects. On behalf of the defence, 4 Exhibits were got marked. On evaluation of the material on record, the trial Court acquitted the accused by giving benefit of doubt in his favour.