THE STATE OF KARNATAKA Vs. MAHADEVAMMA AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 24.2.2011 passed by the V Additional Sessions Court, Mysore, in SC. No. 268/2009 is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that the second accused -second respondent herein is the husband of the deceased Pavitha; their marriage was performed in Sri Parashuram Temple, Nanjangud on 23.7.2008 accused No. 1 -respondent No. 1 herein is the mother of accused No. 2, who is the mother -in -law of the deceased Pavitra; that the accused had demanded a sum of Rs. 25,000/ - as dowry at the time of marriage and such demand was met by the parents of the deceased; after the marriage, Pavitra started living in her matrimonial house along with both the accused; on 26.10.2008, when Pavitra had come to her parents' place, she had complained that both the accused were torturing her to bring additional amount of dowry of Rs. 10,000/ -; however, Pavitra was pacified by her mother(PW.1) and was sent back to her husband's place; even then, the harassment by the accused continued; on 3.4.2009, both the accused once again tortured the victim Pavitra by pressurizing her to bring Rs. 10,000/ - from her parents' place; Pavitra in turn called her elder sister Geetha over phone and intimated her that the accused are harassing her and consequently Geetha who was staying in her matrimonial house along with her husband in turn called the mother of Pavitra (PW.1) over phone and informed her to go to matrimonial house of Pavitra to pacify the quarrel; when PW.1 and other relatives went to Pavitra's house, they came to know that Pavitra has sustained burn injuries and was admitted to H.D. Kote Government Hospital; PW.1 and others went to H.D. Kote Government Hospital from where the victim was shifted to K.R. Hospital, Mysore, but on the very day, i.e., on 3.4.2009 at about 9.45 p.m., Pavitra succumbed to burn injuries at K.R. Hospital, Mysore. While the injured Pavitra was taking treatment in H.D. Kote Government Hospital, her statement was recorded as per Ex. P11 by the Sub -Inspector of Police of H.D. Kote Police Station (PW.30) in the presence of the doctor -PW.8 on 3.4.2009 between 5.40 p.m. and 6.15 p.m. As aforementioned, the incident has taken place at about 3.00 p.m. on 3.4.2009, i.e., on the very day. Based on the statement of the victim Pavitra, Crime No. 90/2009 came to be registered in H.D. Kote Police Station for the offences punishable under Section 498A and 323 of IPC. Subsequently, two more statements of the victim were recorded vide Ex. P16 and P17 in K.R. Hospital by the Taluka Executive Magistrate (PW.13) on 3.4.2009. However, no certification from the doctor to the effect that victim was in fit condition to make statements as per Exs. P17 and P18 is not obtained. Even the time of recording of the said statements by the Taluka Executive Magistrate is not mentioned on Exs. P17 and P18.

(3.) IN order to prove its case, the prosecution in all has examined 30 witnesses and got marked 34 Exhibits and 12 Material Objects. On behalf of the defence, 9 Exhibits were got marked. The trial Court on evaluation of the material on record, acquitted the accused by giving benefit of doubt in favour of them.