T P PANDURANGAIAH Vs. MANJUNATHA

JUDGEMENT

(1.) THE judgment and order of acquittal, dated 26.11.2008, passed by the Fast Track Court, Tumkur in SC.No.154/2005, is called in question by Sri T.P.Pandurangiah (complainant), the father of the deceased, by filing the appeal.

(2.) RESPONDENT -husband of the deceased was charged, tried for and acquitted of the offences punishable under Sections 3, 4 and 6 of Dowry Prohibition Act and Sections 498A and 304B of IPC.

(3.) CASE of the prosecution in brief is that Savitha, aged about 19 years (at the time of incident) is the wife of accused; their marriage was performed two years prior to the incident in question; on 17.8.2004 at 12.00 Noon, Savitha called her mother - PW.25 over phone and invited her for 'Satyanarayana Pooja' which would be performed in her matrimonial house on the forthcoming Saturday and requested her to come along with some ghee and money; however, at 2.00 p.m. on the very day, i.e., on 17.8.2004, father of the accused called the parents of the deceased and informed them that the deceased has died; immediately after getting such news, the complainant -father of the deceased (PW.23) came to Badavanahalli Village, where the deceased and accused were living and saw the dead body of the deceased; a complaint came to be lodged by PW.23 - father of the deceased as per Ex.P19 at 1.30 a.m. on 18.8.2004 before Madhugiri Police Station; PW.16 the Sub -Inspector of Police of Madhugiri Police station registered Crime No.121/2004 based on Ex.P19; ultimately, the Investigating Officer (PW.35) completed the investigation and laid the charge sheet.