S T RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants-accused Nos.1 to 3 being aggrieved by the judgment and order dated 25.8.2014 passed by the Fast Track Court at Mandya in S.C.No.40/2008.

(2.) Brief facts of the prosecution case as per the complaint averments Ex.P1 are that, brother of deceased Y.Nagarathna is the complainant in this case. He has stated that about 5 years back deceased was given in marriage to accused No.1. At the time of marriage Rs.2 lakhs cash, 1 Hero Honda splendor vehicle, gold chain, ring, Rs.10,000/- in cash for purchasing clothes and also 200 gms of gold was given by way of dowry. After the marriage, deceased went to her husband's house to lead matrimonial life. The couple was having two children, a male and a female. She was residing along with her husband, her mother-in-law and one Dharmendra, niece of accused No.1 at Swarnasandra. The deceased was working as a Police Head Constable at Mandya. All the accused persons were insisting the deceased to hand over her monthly salary to them, as they have to discharge the loan taken by them. They were also abusing and harassing her on the ground that dowry amount given to her during the marriage was not sufficient and that she has to get another two lakhs by way of additional dowry. The brother of accused No.1 Venugopal, his sister Padma and one more relative by name Nagaraju who used to visit the house of accused on holidays also were instigating the accused persons to give ill-treatment to the deceased to collect additional dowry amount. Accordingly, all the accused persons were abusing the deceased in filthy language and assaulting her and were also instigating accused No.1 to eliminate the deceased on the ground that he can marry another girl and take dowry. The deceased used to inform the same to the complainant over phone and also about the demand for additional dowry amount of Rs.2 lakhs by the accused persons. Since deceased was working in the police department she tolerated everything and had not filed the complaint earlier. When deceased told the complainant about their demand of Rs.2 lakhs, complainant told her that presently he is not having the money and that he will arrange for the same and asked accused No.1 not to harass his sister. Accused No.1 did not agree for the same and told the complainant that if he does not arrange for funds, he will finish off his sister. On 17.5.2007 at 1.00 p.m., neighbourer residing by the side of house of accused persons by name Ravi informed the complainant over phone that accused Nos.1 to 3 are assaulting the deceased on the ground that she has not brought additional dowry. Within two minutes thereafter, one Radhika (Putti) who was looking after the children of deceased, called and informed the complainant that his sister is being assaulted by the accused persons and asked him to come immediately. Immediately he went to the house of Raju and there he saw that the door of the house was latched from inside. He started screaming and asked them to open the door. When he forcefully pushed, it was opened at that time he saw that Raju had made the deceased to lie on the ground and was pressing her neck forcefully, accused No.2 Jayamma was kicking the deceased on her stomach and accused No.3 Dharmendra was stamping with his legs on the chest of the deceased and the sister of the complainant was struggling. When the complainant made hue and cry, neighbours rushed to the spot and with their help he shifted the deceased in an auto rickshaw to the Mandya District Hospital emergency ward. The doctor after examining her declared her dead. Accordingly, complainant requested the police to take appropriate action against all the accused persons.

(3.) On the basis of the said complaint, case was registered in Crime No.68/2007 for the offences punishable under Sections 302, 304(B) and 114 of IPC. After conducting investigation, the Investigation Officer filed the charge sheet against accused persons for the offences punishable under Sections 302, 304(B), 498(A) r/w Section 34 of IPC and also under Sections 3, 4 and 6 of the Dowry Prohibition Act.