STATE OF KARNATAKA Vs. PRAVEEN

JUDGEMENT

(1.) This appeal is filed against the judgment of acquittal dated 10.01.2013 passed in S.C. No.1156/2010 on the file of Additional Sessions Judge, Fast Track Court-XIV, Bengaluru City.

(2.) The factual matrix of the case is that; the marriage of the deceased - Dr.Padmaja - daughter of P.W.1 was solemnized with the accused on 14.02.2004. At the time of marriage, gold ornaments weighing 39 grams were given to the accused and the gold ornaments weighing about 300 grams were given to the deceased - Dr.Padmaja as a dowry. After the marriage, the deceased - Dr.Padmaja and accused started to lead married life in Bengaluru City. During the said stay, the accused started demanding additional dowry and on that ground, he was giving physical and mental torture to the deceased continuously. Being fed-up with the same, the deceased on 25.06.2010 between 09.00 a.m. to 12.00 noon committed suicide by hanging to ceiling fan. Hence, police have filed the charge sheet against the accused for the offence punishable under Section 304-B of Indian Penal Code. During the course of trial, an application under Section 216 of Cr.P.C was filed by the Public Prosecutor to invoke under Section 498-A of Indian Penal Code and additional charge was framed for the offence punishable under Section 498-A of Indian Penal Code.

(3.) The prosecution, in order to prove guilt of the accused, examined P.Ws.1 to 22 and got marked Exs.P.1 to 41 and material objects M.O.Nos.1 to 4. Thereafter, the accused was examined under Section 313 of Cr.P.C and accused did not choose to lead evidence. The learned trial Judge after hearing the arguments of Public Prosecutor and learned counsel for the accused, acquitted the accused of the charges leveled against him.