STATE OF KARNATAKA Vs. T.B. MAHESH

JUDGEMENT

(1.) The judgment and order of acquittal dated 31.12.2011 passed by the Fast Track Court -IV, Bengaluru in S.C. No. 528/2006 acquitting accused/respondent for the offences punishable under Ss. 498 -A, 304 -B and 302 of IPC as well as Ss. 3 and 4 of the Dowry Prohibition Act is called in question in this appeal.

(2.) Case of the prosecution in brief is that the marriage between Smt. Parvathamma (deceased) and the accused was preformed on 20.6.2005; the accused demanded dowry of Rs. 1,50,000/ -, gold ornaments, a site and a two wheeler; however, the accused was paid the amount of Rs. 90,000/ -, a watch, a gold chain and silver articles in the engagement ceremony which was held one month prior to the marriage; after the marriage, the accused and the deceased started residing in a rented house at No. 8, Muneshwaranagar, Koodlu Main, 1st Cross, Bengaluru; the accused looked after the deceased very well for three months and thereafter, he started harassing his wife by demanding further dowry of Rs. 50,000/ - apart from seeking ornaments and motor cycle; the deceased was subjected to physical and mental cruelty; the accused was torturing the deceased on the ground that the deceased person was talking with others, wearing good clothes, etc; being unable to bear the mental and physical cruelty and harassment of the accused, Parvathamma (deceased) committed suicide by hanging herself in the matrimonial house in between 6.00 p.m. and 10.00 p.m. on 31.3.2006; she had locked the door from inside.

(3.) In order to prove its case, the prosecution, in all, has examined 15 witnesses and got marked 25 exhibits and 16 material objects. On behalf of the defence, four witnesses were examined and 26 documents were got marked. The trial Court, on evaluation of the material on record as aforementioned, acquitted the accused by giving the benefit of doubt in his favour.