STATE THROUGH NARONA POLICE STATION Vs. SHARANABASAPPA

JUDGEMENT

(1.) State of Karnataka, through Narona police have filed this appeal challenging the judgment of acquittal passed by the learned IV Additional District Judge, Gulbarga on 26.08.2010, thereby acquitting accused Nos.1 to 3 herein of the offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code.

(2.) Case of the prosecution is that one Lakkappa S/o Dhulappa father of deceased Priyanka lodged a complaint dated 11.08.2009 alleging that his elder daughter Priyanka was given in marriage about two years back to Sharanabasappa S/o Namdev and she was staying with her husband after marriage and they lived happily for about an year. At the time of marriage he was given Rs.11,000/- cash and 1 tola of gold as dowry apart from clothes and vessels. He further alleged that after marriage accused ill-treated her physically and mentally alleging that she was not cooking food properly and that she was no match to accused No.1. It was also alleged that Priyanka was abused in filthy language by demanding additional dowry of Rs.10,000/- and 1 tola of gold and all this was done under instigation of accused Nos.2 and 4, parents of accused No.1 and accused No.3, the brother of accused No.1.

(3.) Further allegation in the complaint disclose that on the eve of Nagarapanchami, the complainant - father of the victim took his daughter to his village; at that time fact of ill-treatment handed down by the accused was disclosed to the wife of complainant including demand of Rs.10,000/- cash and 1 tola gold. This made the complainant to arrange a panchayat. Thereafter, the complainant took his daughter to Lad Chincholi village to the house of the accused and left her there advising them to live happily. However, on 11.08.2009 at about 11.00 a.m. it was informed over telephone by one Siddharoodh to the complainant that Priyanka sustained burn injuries and was crying. The complainant, with his relatives went to Government Hospital and confirmed about Priyanka sustaining burn injuries. Thus, complainant alleged that on 11.08.2009 at about 9.00 a.m. Mahadevi accused No.4, Namdev accused No.2, Hanmanth accused No.3 and Sharanabasappa accused No.1 i.e. husband of deceased together killed his daughter by setting fire to her. Hence, he sought legal action against them.