STATE OF KARNATAKA Vs. BALAPPA

JUDGEMENT

(1.) THE State being aggrieved by an order of acquittal recorded by the trial Court in S. C. No. 25/1990 in acquitting A-1 and A-2 for offences punishable under Sections 498-A and 304-B read with 34, IPC has presented this criminal appeal.

(2.) THE case of the prosecution was that deceased Amarawwa got married to A-2 Shivanand on 10-5-1987. The marriage took place in the house of A-1 Balappa. Deceased Amarawwa was sent to the house of A-2 after the marriage ceremony. A-1 is the father of A-2. A-1 the father and A-2 the husband of the deceased were living together.

(3.) PRIOR to the marriage there was an engagement agreement dated 28-4-1986. This engagement agreement was referred to as per custom as a settlement deed. The settlement deed is marked as Ex. P-1. According to the settlement deed, it was agreed that a sum of Rs. 2000/-, one tola gold and one wrist watch was given to the husband-A-2. A-1 the father was to give two sarees, one gold borimala sara and one pair of gold ear tops (Bandavali) to the deceased Amarawwa. Presumably both sides exchanged the gifts as mentioned in Ex. P-1. As stated earlier, the marriage of the deceased and A-2 took place on 10-5-1987.