STATE OF KARNATAKA Vs. K. NAGARAJA AND ORS.

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal dated 13.11.2009 passed by the Presiding Officer, Fast Track Court-V, Bengaluru City, in S.C.No.110/2006.

(2.) Case of the prosecution in brief is that deceased Chandrakala married accused No.1- Nagaraja on 06.11.2003 as per the customs prevailing in their community in the presence of the elders, relatives and friends of both the families. Accused Nos.2 and 3 are the mother and father of the accused No.1, respectively. Among them accused No.3-Krishnamurthy has expired. Accused Nos.4 and 5 are brothers of accused No.1. The allegation of the prosecution is that prior to the marriage, the marriage talks took place in the presence of PWs-6, 8, 9 and 10 regarding the marriage, wherein, the accused demanded dowry in terms of money of Rs.2,00,000/- and 25 sovern gold and cash of Rs.7,000/- apart from a TVS Victor Moped; parents of the deceased satisfied the demand of dowry of the accused and performed the marriage of the deceased with accused No.1. After the marriage also the accused started demanding additional amount of dowry and started torturing the victim/Chandrakala both physically and mentally. On 31.08.2005 at about 6.00 p.m. all the accused with an intention to commit the murder of the deceased, started telling her that she should do coolie work and she will not be allowed to go to her parental place, so accused No.2 caught hold her, accused No.3 poured kerosene and accused No.1 lit fire; as a result of which Chandrakala sustained burn injuries; immediately, after the incident the accused and others took her to RMV Hospital and thereafter to Victoria Hospital for treatment; the Police came to the hospital and recorded the statement of victim but at that point of time the accused has threatened the victim with dire consequences, if she discloses true facts; consequently, the deceased gave false information to Police as per Ex.P-9 at the first instance.

(3.) Ex.P-10 was registered once again before the Sanjaynagar Police Station in Crime No.343/2005 at 5.00 p.m. based on which the investigation commenced. PW-19, the Inspector of Police, has completed the investigation and laid the charge sheet.