THE STATE OF KARNATAKA Vs. NAGABHUSHAN AND ORS.

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal passed in S.C.No.353 of 2010 dtd. 31/12/2012 on the file of Fast Track Court-III, Bengaluru Rural District, Bengaluru acquitting the accused persons for the offences punishable under Ss. 498(A) and 302 read with Sec. 34 of Indian Penal Code.

(2.) Brief facts of the case: It is the case of the prosecution that respondent No.1/accused No.1 married the deceased Rekha, daughter of P.Ws.3 and 4 nine years ago prior to the date of the incident i.e., 24/6/2010. At the time of marriage, they have given Rs.10,000.00 along with other gold and silver articles to the deceased. The deceased Rekha was staying in her matrimonial house along with respondents after marriage. As on the date of the incident, she was staying separately along with accused No.1. The respondents/accused Nos.1 to 3 started demanding additional dowry from the parents of the deceased Rekha. In that regard, mediation was also held and thereafter, they gave an amount of Rs.10,000.00 and Rs.20,000.00 on two occasions. Despite that, on 24/6/2010 at around 9.00 p.m., in the matrimonial home, the accused No.1 took up quarrel with his wife Rekha and at that time, he took kerosene and poured the same on her and lit the fire. Due to the burn injuries, the deceased succumbed to the injury in the Hospital on 29/6/2010 at around 6.00 a.m. Based on the information, the police have went to the hospital, recorded the statement of the injured on 27/6/2010 in terms of Ex.P5. The police after investigation filed the charge sheet against accused Nos.1 to 3 for the offences punishable under Ss. 498(A) and 302 read with Sec. 34 of Indian Penal Code. The accused No.1 was in judicial custody and accused Nos.2 and 3 were on bail. After securing the accused persons, charges were framed. However, they denied the charges leveled against them and claimed for trial.

(3.) The prosecution, in order to prove their case has examined P.Ws.1 to 14 and got marked the documents Exs.P1 to 10 and also M.Os.1 to 5. The 313 statement of the accused persons under Sec. 313 of the Code of Criminal Procedure was recorded. Further, accused No.1 examined himself as D.W.1 and examined a witness as D.W.2. He relied upon Exs.D1 to D6.