STATE OF KARNATAKA Vs. GURUMALLAPPA; SHIVAPRAKASH; GOWRAMMA; BASAPPADEVARU

JUDGEMENT

(1.) These two appeals by the State are directed against the judgment of acquittal recorded by the learned Prl. Sessions Judge, Mysore, dated 28.08.2002 in SC Nos. 129/2000 & 249/2000 on his file.

(2.) Succinctly stated, the Investigating Officer of the respondent Police charge sheeted the accused persons in respect of the offence punishable under Sections 498A and 302 read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The case of the prosecution is, 1st accused/Shivaprakash is the husband of deceased Umashri, 2nd and 3rd accused are his parents and 4th accused is his elder brother. The 1st accused married Umashri on 26.05.1996 at Mysuru as per Hindu rites and customs. At the time of marriage, the accused persons demanded dowry and subsequently, received a motor bike from the father of the deceased and also cash of Rs.50,000/- to purchase a site and further cash of Rs.50,000/- for constructing the house. They harassed the deceased physically and mentally. On 9.10.1999 at 10.30 p.m., the accused Nos.2 an 3 with an intention to kill Umashri, poured kerosene on the deceased and also on the floor, lit fire, due to which, the deceased sustained grievous injuries to an extent of 95% and died while on treatment on 17.10.1999 at 2.45 p.m. in the hospital.

(3.) The State was necessitated to file split-up charge sheet since the accused No.4 was not available and subsequently on his arrest his case was also committed to Sessions Court and common evidence was recorded and common judgment was passed in SC Nos.129/2000 and 249/2000.