STATE OF KARNATAKA Vs. SHANKAR RAO

JUDGEMENT

(1.) The State has filed this appeal against the judgment and order of the acquittal dated 27.09.2010 passed in Session Case No.91/2009 by the IVAdditional District Judge at Gulbarga acquitting the accused/respondents for the offences punishable under Sections 498-A and 306 r/w Sec. 34 of IPC.

(2.) It is the case of the prosecution that PW.1 father of the deceased made a complaint as per Ex.P1 contending that about eight years back his daughter deceased-Usha was given in marriage to accused No.1/Shankar Rao @ Shankarling and at the time of marriage, half thola gold and cash of Rs.11,000.00 along with cloths and utensils were given. The marriage was performed at Shankarling temple in Udchan village. After the marriage for livelihood, accused No.1 went to Puna and they were living happily for two-three years. Thereafter, accused No.1 started to ill-treat his daughter on the pretext of getting food grains from her parental house since salary was not sufficient for their livelihood. The deceased used to inform the complainant about the ill-treatment given by accused No.1 whenever she used to visit to her parental house and the same was pacified and he sent food grains on two to three occasions. Even then, ill-treatment continued. Out of wedlock, a male and a female children were born to her.

(3.) It is further alleged that about five to six months prior to the filing of the complaint, accused No.1 came back to Kodagnoor village and took his daughter to Gulbarga and they were residing in a rented house. It is further alleged that, about eight months prior to filing of the complaint, when accused No.1 was in Kodagnoor village a Tonsil ceremony of both children was fixed and it was informed by his daughter over telephone to the effect that if they want to come for Tonsil ceremony, they have to bring one tola of gold and on the same ground, her husband, mother-in-law, brother-in-law and sister-in-law were ill-treating her. Due to financial difficulty, the complainant did not attend the tonsil ceremony. Thereafter, ill-treatment increased and once his daughter had tried to commit suicide by taking poison. At that time, elders pacified the differences and no case was registered. It is further case of the complainant that on 04.09.2008 at about 7.00 p.m., one Siddappa Jamadar who is father of accused No.1 informed the complainant over telephone that his daughter has committed suicide by hanging in rented house at Chanveer Nagar, Gulbarga. Immediately, himself, his wife, son and Dalapati of the village went to Gulbarga and found his daughter dead. The complainant noticed lacerated wound over neck and marks of assault with sticks on both legs. Therefore, he lodged the complaint to take legal action against the accused persons.