STATE OF KARNATAKA BY GUBBI POLICE Vs. KRISHNAMURTHY

JUDGEMENT

(1.) The judgment and order of acquittal dated 28-2-2012 passed by the Fast Track Court-III, Tumkur in SC No. 118 of 2010, is called in question in this appeal by the State. The Trial Court framed the charges against the accused for the offences punishable under Sections 498-A and 304-B, alternatively Sec. 306 and in the alternative Sec. 302 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and has acquitted the accused after trial of all the charges levelled against him.

(2.) Case of the prosecution in brief is that the accused and the decease Sowmya are from different castes; they were loving each other; both of them went to Lingasugur in Raichur District for getting married on 19-4-2005 and they got their marriage registered on the very day in the Sub-Registrar's Office at Lingasugur; after the marriage, they spent some time outside Tumkur District (their native District) and thereafter they came back to their native District, i.e., Tumkur; out of the wed lock, a child is bom; when Sowmya was pregnant, her parents were residing with them at Tumkur; after delivery of the child, Sowmya went to Gubbi as she was temporarily appointed as Lecturer in a college at Gubbi; accused insisted Sowmya to bring dowry from her parents' place; he used to tell the deceased that her parents did not spend any money to perform their marriage and they have not given any gold ornaments; since the deceased Sowmya could not tolerate the ill-treatment by the accused, she committed suicide by hanging on 11-11-2009. It is also alleged that prior to the death of the deceased, the parents of the deceased used to look after the family expenses of the accused and they had spent money for establishing a photo studio for the accused and for purchase of computers and also for depositing of money for getting the house on rent for the deceased and the accused. The dead body was found hanging at 7.30 p.m. on 11-11-2009. Admittedly, the accused was not present at the time of the death of the deceased; on being informed by P.W. 17-the neighbour of the accused and the deceased, accused rushed to the spot and broke open the door, entered the house and found her wife in hanging position. The parents of the deceased were also informed about the incident in question by the neighbours of the accused and the deceased during night of 11-11-2009. However, the first information came to be lodged by P.W. 24 (father of the deceased) as per Ex. P. 29 at 11.30 a.m. on 12-11-2009 before Gubbi Police Station, Gubbi, which came to be registered in Crime No. 230 of 2009 for the offences punishable under Sections 498-A and 304-B of IPC. P.W. 23-the Sub-inspector of Police of Gubbi Police Station registered the crime and sent the FIR to the jurisdictional Magistrate. The part of the investigation is conducted by P.W. 37 and ultimately the charge-sheet came to be filed by P.W 35.

(3.) In order to prove its case, the prosecution in all has examined 37 witnesses and got marked 35 Exhibits and 9 Material Objects. On behalf of the defence, one exhibit was got marked. As aforementioned, the Trial Court acquitted the accused of the offences by giving benefit of doubt in his favour.