STATE BY GARAG POLICE Vs. DYAMAVVA AND OTHERS

JUDGEMENT

(1.) BEING aggrieved by the judgment of acquittal dated 28.2.2003 passed by the Fast Track Court, Dharwad, in S.C. No. 137/2001, acquitting the accused for the offences under Sections 498 -A, 304 -B and 306 read with Section 34 IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act ('the Act' for short), present appeal is filed by the State.

(2.) THE brief facts giving rise to the present case, as per the prosecution story are, as follows: Accused No. 3 is the son of Accused Nos. 1 and 2. Deceased Manjavva, daughter of P Ws.15 and 16 Smt. Kashavva and Sadeppa Kariyappa Madar, was married to accused No. 3 on 8.4.2000. According to the prosecution, at the time of marriage talks, there was demand of dowry both in the form of cash as well as gold ornaments and after negotiations, the accused agreed to accept cash of Rs. 5,000/ - and gold weighing 2 -1/2 tholas. It is the case of the prosecution that though initially, the relationship between the deceased and her husband and in -laws was cordial, later on they started ill -treating and harassing her for not bringing enough dowry as they had demanded and ultimately had resulted in the death of Manjavva on 31.10.2000 by committing suicide by setting herself on fire.

(3.) THE usual procedures like holding of mahazars, sending the dead body for autopsy, gathering evidence including recording the statements of witnesses and neighbours takes place and thereafter charge -sheet is filed against the accused for the aforesaid offences.