VENKATESH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 21.3.2011 passed by the Fast Track Court, Sagar in S.C. No. 33/2003. By the said judgment, the Fast Track Court, Sagar has convicted accused No. 1 Venkatesh for the offences punishable under Sections 498A and 304B of IPC and also for the offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act, whereas accused Nos. 2 and 3 have been acquitted by the said Court.

(2.) Accused No. 1 has preferred criminal appeal No. 381/2011 seeking to set aside the judgment and order of conviction passed against him and sought for his acquittal. Criminal Appeal No. 844/2011 is preferred by the State challenging the judgment and order of acquittal of accused Nos. 2 and 3 and prayed to convict accused Nos. 2 and 3 for the offences for which they had been charged.

(3.) Case of the prosecution in brief is that P.W. 1 (Dattatreya) lodged the complaint as per Ex. P. 8 on 6.8.2002 alleging that there are five children to his parents, two male and three females. Except Manjunatha (younger brother of the complainant) and the deceased Nagarathna (the younger sister of the complainant), all the other children got married. Nagarathna was given in marriage to accused No. 1 (Venkatesh) on 20.5.2002 in the temple at Siravanthe village. Earlier to the marriage of Nagarathna, there were marriage talks that the complainant's side have to give cash of Rs. 2.00 lakh and ten tolas of gold towards dowry and the marriage expenses. Accordingly, Rs. 2.00 lakh and ten tolas of gold were given before the marriage of Nagarathna. After the marriage, the deceased Nagarathna was staying along with all the accused in the same house. After some days, all the three accused started insisting the deceased Nagarathna to bring Rs. 25,000/- from her parental place and in that connection, they started to give ill treatment to her. Nagarathna and her husband came to her parental place two times and she informed about the demand of amount to the complainant. The complainant told Nagarathna that he has performed her marriage by raising loan and still, he has not repaid the loan amount and consoled her stating that, after discharging the loan amount, he will arrange for the amount of Rs. 25,000/-. The complainant also informed the same to Madhav Jetti Naik and three other persons, who were present at the time of marriage talks. After Nagarathna returned to her husband's house, all the accused again started demanding Rs. 25,000/- towards the additional dowry amount and if she did not bring the amount, they will cause her death. Nagarathna informed about the ill treatment given by the accused over phone to the complainant. On 4.8.2002, the complainant along with his wife Shubha went to Sirivanthe to invite Nagarathna to the festival of their village. At that time also, Nagarathna informed them about the ill treatment given by the accused in connection with additional dowry amount of Rs. 25,000/-. The complainant told the accused that he was not possessing the money at that moment and he promised them that he will pay the same after some time, and requested them not to give ill treatment to his sister (Nagarathna). The accused did not send Nagarathna along with the complainant and his wife. On 5.8.2002, Janaki Harinaik (the mother of the complainant) came to Honnavar. At 5.00 p.m., she told the complainant that she has enquired about the welfare of Nagarathna and asked the complainant to contact them over phone. Accordingly, the complainant phoned to Sirivanthe and through one Chandrashekar, the complainant came to know that Nagarathna was serious and she was not in a position to talk and the said Chandrashekar asked the complainant to come with the elders. Immediately, the complainant, his mother, the husband of his sister (Madhav Jetty Naik) along with others reached Siravanthe at 12.00 mid night and they saw the dead body of Nagarathna in the shed behind the house of the accused. She was strangulated with the saree and the dead body was hanging. The complainant, his family members and the others came to know that because of the physical and mental ill treatment given by the accused in connection with the dowry amount of Rs. 25,000/-, Nagarathna committed suicide by hanging. Hence, the complainant requested the Police to take action against the accused persons.