STATE OF KARNATAKA Vs. MAHESHA

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State against the judgment dated 30.6.92 passed by the Sessions Judge, Madikeri, in S.C. 33/86 acquitting the respondents - accused of the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and under Section 302 read with Section 114 and Section 304B I.P.C.

(2.) We have heard Sri Marigowda, learned High Court Government Pleader for the appellant State and Sri Bhagwan, learned Counsel for the respondents, fully and perused the records of the case.

(3.) The case of the prosecution is as follows :- The deceased Leelavathy was the legally wedded wife of accused No. 1. Her marriage with accused No. 1 took place on 18.6.86 at Shetty Chatram, Ramanathapuram. Before the finalisation of the marriage with accused No. 1, the accused demanded a dowry of Rs. 30,000/- and 15 tolas of gold, but due to the intervention of the elders that demand of dowry came to be reduced and it was agreed by the father of the deceased that he would pay Rs. 10,000/- cash and 5 1/2 tolas of gold besides marriage expenses to be borne by the father of the bride. The father of Leelavathy gave cash of Rs. 2000/- to Puttaswamy - A-2 and the remaining Rs. 8000/- was paid before marriage and after eight days in the presence of C.W.3, Nalluregowda the remaining cash of Rs. 8000/- was paid to A-1 and A-2. This was paid as there was demand of dowry. The 5 1/2 tolas of gold ornaments were also prepared by the Goldsmith in Saligram, and the marriage was performed. After the marriage, Leelavathy went to the house of accused No. 1 to lead a marital life with him. Because of the 'Aashada' month which was considered to be inauspicious month for the newly married couple to live together, Leelavathy came to her parent's house and at that time she complained to her parents and brothers that her husband - accused No. 1 and his parents were giving her trouble on account of they being not satisfied with the dowry given by Leelavathy's father. On 30.7.86 when P.W.11 Subbashetty was in the School at Saligram his younger brother Govindashetty came there and informed him that accused have sent a word that Leelavathy was in a serious condition. He went to Thorenoor village and learnt that his father had gone to Bangalore for treatment. When they came to their house no one was in the house, but he came to know that Leelavathy was shifted to Kushalnagar in a very serious condition. P.W.11 and others came there and learnt that Leelavathy's condition was very serious and she was taken to Madikeri Government Hospital. They came to Madikeri at 5 p.m. and found Leelavathy in Emergency Ward. She was conscious at that time and she told her brother that the accused told her that she had returned home empty handed and she told her husband as it was Ashada Masa she had not brought money and therefore he removed her jewels for the purpose of pledging. She felt sorry and she slept in the room. About 9 a.m. the next day the accused No. 1 Mahesh tackled her that she was always sleeping whereas his parents were working in the 'gadde' and so saying he brought kerosene, sprinkled over her clothes and struck a match to her clothes, Leelavathy raised hues and cries. Hearing her cry, some aged person came and poured water on her. After learning this, he went to Saligrama and returned to Madikeri on 31.7.86. On 2.8.86 Leelavathy breathed her last at 5.30 p.m. in the hospital. After two months the C.O.D. questioned it. The police registered a case on the complaint of P.W.11 and after completing the investigation the police filed charge-sheet against the accused.