STATE OF KARNATAKA Vs. B RAMESH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and order of acquittal dated 15.12.1999 passed by the Learned Sessions Judge, Bangalore, acquitting the respondent herein of the offences punishable under Sections 498-A, 302 and 304-B of the IPC.

(2.) The prosecution case in brief is to the effect that the respondent herein got married to Stella Mary on 11.3.1996 and at the time of marriage a sum of Rs.10,000/- was given as dowry Rs.5,000/worth clothes and a gold ring was also given. The couple lived happily for sometime. It was thereafter, the in-laws as well as the accused herein began to ill-treat the deceased Stella Mary and demanded that more dowry should be brought from her parents house. The couple also had a four month's child at the time of incident in question. On 13.1.1998, at about 5.45 p.m. Stella Mary was admitted to Victoria Hospital, Bangalore, with bum injuries and she succumbed to the injuries on 16.1.1998 at about 5.40 a.m. PW10 Dr. Rama Jayaram sent the death information as per Ex.P-6 to the police. PW9 Abdul Khayam, the Police Inspector of K.G. Halli Police Station took over further investigation from ASI Rachaiah and after conducting the spot panchanama and recording the statement of witnesses, he got the offences converted into one under Section 302 of IPC and sent the FIR to Court and requested the Tahsilldar to submit the report. Further, the investigation was taken over by one Doddamunibasappa. In the course of the investigation, the postmortem report was collected As per Ex.P-8.

(3.) At the trial, prosecution examined PWs.1 to 10 and got marked the documents Exs.P-1 to P-8 and Material object MO1 was also produced. The stand of the accused was one of total denial in 313 statement and he chose to lead no evidence in his defence.