STATE Vs. SHIVAMURTHAYYA

JUDGEMENT

(1.) THE appeal filed by the State and revision by the complainant has arisen on account of death of a young lady aged 22 years whose life got extinguished from this world. Criminal Appeal No. 593/2006 is filed by the State challenging the order of acquittal dated 23.12.2005 on the file of the Fast Track Court - II, Bijapur, whereunder the accused 1 to 5 are acquitted for the offences punishable under Sections 304 -B and 498 -A of IPC r/w. Section 34 of IPC and Sections 3, 4 and 6 of Dowry Prohibition Act.

(2.) THE Criminal Revision Petition No. 528/2006 is filed by the complainant challenging the order of acquittal referred to hereinabove.

(3.) IT was also the case of the prosecution that the marriage of the deceased Shaila took place on 29.12.2002 and till 30.8.2004 the accused persons in furtherance of their common intention, subjected Smt. Shaila to cruelty by saying that she has not given birth to a child and that if A3 had married another lady, there was likelihood of the said lady bringing more dowry and thereby she was subjected to physical and mental ill -treatment and she was coerced to bring balance dowry amount and unable to bear the same, she committed suicide. As such, the accused committed an offence punishable under Section 498 -A r/w. 34 of IPC.