RAMAGOUNDAR Vs. MARIYAPPAN AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 1.9.2010 passed by the Fast Track Court, Bangalore City, in SC. No. 1119/2008 is called in question in this appeal by the complainant -P.W. 2 (father of the deceased).

(2.) CASE of the prosecution in brief is that the accused married Smt. Rajamani (deceased) on 23.3.2005; the marriage was performed in the house of the accused situated in Tamil Nadu State; the deceased is the daughter of P.Ws. 2 and 9; at the time of marriage, an amount of Rs. 25,000/ - and 80 grams of gold ornaments were given by the parents of the deceased to the accused; thereafter accused and the deceased shifted their residence to Bangalore and were residing in the said house; accused subjected the victim to physical and mental cruelty by demanding additional amount of dowry of Rs. 50,000/ -; as the victim could not tolerate the said ill -treatment, she committed suicide by hanging herself in her matrimonial house on 2.9.2008 in between 8.45 a.m. and 1.45 p.m.

(3.) SMT . Parineetha Chanal, learned advocate appearing on behalf of the appellant -original complainant taking us through the entire records, including the judgment of the Court below submits that the Court below is not justified in acquitting the accused based on assumption; the evidence of P.Ws. 2, 9 and 7 is sufficient to conclude that the accused was responsible for the commission of suicide by the deceased; the material on record clearly reveals that the accused used to torture the deceased on one pretext or the other, more particularly by pressurizing her to bring additional amount of dowry; the reasons assigned and the conclusions arrived at by the Court below are improper and incorrect.