STATE OF KARNATAKA, REP. BY DETECTIVE INSPECTOR, ANTI DOWRY CELL BANGALORE, (BADAMI POLICE STATION) Vs. SRI. BASAVARAJ S/O HANAMANTAPPA BANDIVADAR, AGE: ABOUT 41 YEARS, OCC: PRIVATE SCHOOL TEACHER, R/O: HALKURI, TALUK: BADAMI

JUDGEMENT

(1.) Heard the learned State Public Prosecutor and the learned Counsel for the accused.

(2.) The State is in appeal questioning the acquittal of the accused for offences punishable under Sections 498A, 304B, 306 read with Sec. 34 of the Indian Penal Code, 1860 as well as Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. The case of the prosecution was that accused no.1 was married to Shakuntala, the sister of the complainant in the year 2004. The couple had two children by the marriage. Accused no.1 was serving as a Physical Education Teacher at Bengaluru in a private school and was residing along with Shakuntala and the mother of accused no.1 at Bengaluru. It was alleged that accused no.1 had demanded a sum of Rs.50,000.00 which was required to pay Security Deposit for the rented house and that the deceased was compelled to secure such money from her parental home. It transpires that the money was indeed supplied by the relatives of Shakuntala over a period of time as accused no.1 was drawing a meagre salary and was not able to meet this financial requirement. It transpires that about six months prior to the complaint, accused no.1 even moved to Halkurki village on account of his ill-health and over a period of four months prior to the complaint, he is said to have constantly physically and mentally harassing the deceased and making demands of huge amount of money to be brought from her parents' house on the footing that he required such money to secure better employment and he had thus received further contributions from her family. In spite of which, he had continued to harass the deceased and on account of such cruelty and harassment she had been driven to take an extreme step of committing suicide. Since on her death, the complainant was informed of the incident, he had thereafter gone and found that there was apparent acrimony preceding the death of his sister as he found the house to be in disarray and possibly on his sister having struggled against physical ill treatment which was apparent from the broken glasses and other displaced furniture in the house of the accused. It is in this background that the complainant lodged a complaint alleging that the accused and his family had received a large amount of dowry not only at the time of marriage, but over a period of time. But in spite of which, they had mentally and physically harassed the deceased which had driven her to commit suicide. It is in this background that the respondents stood trial. They had pleaded not guilty and claimed to be tried. The prosecution examined 26 witnesses and marked several exhibits and material objects. While the defence did mark some documents in cross-examination of PWs.7, 8, 10, and 14. The court below had then framed the following points for consideration:-

(3.) Whether the prosecution proves beyond all reasonable doubt that the accused with common intention from 30.5.2004 till the death of Shakuntala i.e. till 2009 subjected her to constant mental and physical cruelty in the House No.568 standing in the name of accused no.2 situated at Halkurki village and thereby committed offence punishable U/s 498(A) r/w 34 of the Indian Penal Code?