STATE OF KARNATAKA REP Vs. BASAVARAJ

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-State being aggrieved by the judgment of acquittal passed by the Addl. District and Sessions Judge, Gadag in SC No.63/2013 dated 27.04.2015 for the offence punishable under Sections 498A, 504, 323, 354, 109, 307 of IPC read with Section 34 of IPC and also for the offences punishable under Sections 3 and 4 of the DP Act.

(2.) We have heard the learned Addl. SPP, Sri. V.M. Banakar appearing on behalf of the appellant-State and Sri. G.N. Narasammanavar, learned counsel for the respondents-accused.

(3.) The gist of the case of the prosecution is that the victim-complainant is the wife of accused No.1 and after her marriage with accused No.1, she was residing in the house of accused Nos.1 to 3. Accused Nos.2 and 3 are the parents of accused No.1. It is further case of the prosecution that accused No.1 and complainant were relatives and accused No.2 is the sister of the father of the complainant. It is further alleged in the complaint that prior to 5.4.2013, accused Nos.1 to 3 used to quarrel with the complainant in their house demanding further dowry from the parents of the complainant as the dowry given in the marriage was not sufficient. It is further alleged in the complaint that accused No.1 was suspecting the fidelity of the complainant and they used to give both physical and mental torture. It is further alleged that on 5.4.2013 at about 12 noon, accused Nos.1 to 3 in furtherance of their common intention abused the complainant in filthy language. They assaulted the complainant and thereafter accused Nos.1 to 3 were forcing the complainant to give divorce so that accused No.1 could get married to another girl. In that light, accused No.1 dragged her inside the house and when the complainant refused to give divorce, accused Nos.1 to 3 poured kerosene and lit fire to the complainant with common intention to cause the death of the complainant. The complainant made hue and cry, immediately, the neighbors came and after extinguishing the fire, they took her to the hospital and got her admitted. On the basis of the complaint as per Ex.P2, case was registered in Crime No.38/2013 for the offences punishable under Sections 498A, 504, 323, 354, 109, 307 of IPC read with Section 34 of IPC and also for the offences punishable under Sections 3 and 4 of the DP Act. After investigation, charge sheet came to be filed. The learned Magistrate after filing of the charge sheet took cognizance and after following procedure under Section 207 of C.P.C. after supplying copies of the charge sheet, as the case was triable by the Sessions Court, the same was committed to the Court of Sessions. The Sessions Court after taking cognizance secured the presence of accused Nos.1 to 3 and after hearing the learned Public Prosecutor and learned counsel for the accused charge was read over and explained to the accused persons. The accused persons pleaded not guilty and thereafter, trial was fixed.