R. SUGUNA Vs. DINESH MANI AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 24.3.2011 passed by the Fast Track Court No.III in S.C.No.394/2006 is called in question in this appeal by P.W.9 (Smt.R.Suguna), the sister of deceased Jagadeeshwari alias Rekha.

(2.) The case of the prosecution in brief is that the marriage of deceased Jagadeeshwari alias Rekha was performed with accused No.1 on 31.3.2002; the said marriage was an inter caste marriage, but was performed with the consent of elders of both the families; accused No.2 is the mother of accused No.1 and accused No.3 Sairam is the brother of accused No.1. He is absconding. Hence, the case against accused No.3 was split up before the trial Court. Hence, the trial went on only against accused Nos.1 and 2.

(3.) Complaint came to be lodged by P.W.1 (elder brother of the deceased) as per Ex.P10 before Rammurthinagar police station at about 00.25 hours on 16.5.2003 ie., during night intervening between 15.5.2003 and 16.5.2003; the said complaint was received by PSI of the said police station (P.W.17) and crime No.132/2003 came to be registered for the offences punishable under Sections 498A, 306 r/w Section 34 of IPC. The Inspector of Police, after completion of investigation, laid the charge sheet against three accused persons for the offences punishable under Sections 498A and 302 r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.