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2014 DIGILAW 803 (KAR)

State of Karnataka v. Boregowda

2014-09-10

MOHAN M.SHANTANAGOUDAR, P.D.WAINGANKAR

body2014
JUDGMENT Mohan M. Shantana Goudar, J. 1. The judgment and order of acquittal dated 7th July 2010 passed by Fast Track Court, Bangalore City in S.C. No. 255/2009 is appealed against by the State. 2. The case of the prosecution in brief is that deceased Shobha married accused No. 1 on 15.6.2008. Accused Nos. 2 and 3 are the parents of accused No. 1; accused No. 4 is the unmarried sister of accused No. 1; PWs-1 and 9 are the parents of the deceased; PW-4 is the sister of the deceased and PW-11 is the husband of PW-4; at the time of marriage, all the accused demanded and obtained 150 grams of gold ornaments and cash of Rs. 1.00 lakh; after the marriage, the accused started demanding additional amount of dowry of Rs. 1.00 lakh and in that connection, they subjected the deceased to cruelty; since the deceased could not tolerate the ill-treatment both physical and mental, by the accused, she committed suicide on 20th November 2008 at about 11.00 a.m. by hanging herself in the matrimonial house. According to the case of the prosecution, the accused abated the commission of suicide by torturing her repeatedly. PW-1 lodged the first information as per Ex-P1 before the Nandini layout police station, Bangalore, based on which, Cr. No. 221/2008 came to be registered by the jurisdictional police for the offences punishable under Sections 498A and 304B of IPC and Sections 3 and 4 of Dowry Prohibition Act. All the accused were tried and acquitted for the offences punishable under Sections 498A,304B r/w. 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 3. In order to prove its case, the prosecution in all examined 15 witnesses and got marked 15 exhibits and six material objects. On behalf of the defence, no witness is examined. The Trial Court, as aforementioned, acquitted all the accused. It is relevant to note that during the course of trial itself, accused No. 1, the main offender died, inasmuch as, he also committed suicide. Thus the case against him abated. The Trial Court having found that there is no adequate material against other accused acquitted them. 4. As aforementioned, PW-1 is the father and PW-9 is the mother of the deceased. PW-4 is the sister of the deceased and PW-11 is the husband of PW-4. Thus the case against him abated. The Trial Court having found that there is no adequate material against other accused acquitted them. 4. As aforementioned, PW-1 is the father and PW-9 is the mother of the deceased. PW-4 is the sister of the deceased and PW-11 is the husband of PW-4. These are the very important witnesses to prove demand of dowry and harassment. Though they have deposed in the examination-in-chief that at the time of marriage talks, accused Nos. 1 to 4 demanded and obtained dowry in the form of gold ornaments as well as in the form of cash of Rs. 1.00 lakh, in the cross-examination all these witnesses have not deposed so. PW-1 has categorically deposed that at the time of marriage talks, only the date of marriage and venue were fixed and no talks have taken place regarding the dowry. PW-1 has also admitted that accused told PW-1 to perform the marriage in simple manner at a choultry. He has further admitted that the family of the accused is a respectable and traditional family. Added to it, he has admitted that accused are not quarrelsome and they are soft-spoken persons. Thus from the evidence of father of the deceased, it is amply clear that none of the accused harassed the victim by demanding dowry and obtaining dowry. On the other hand, it also makes clear that no talks of dowry took place at the time of marriage talks. The accused are from respectable family. PWs-4, 9 and 11 also have deposed almost on par with the evidence of PW-1. 5. Except that golden 'mangala sutra' was provided to bride after one month of the marriage, no other material is forthcoming against the bridegroom i.e., accused No. 1. The tying of 'mangala sutra (Thali)' is mandatory in this State among Hindus, which evidences valid marriage among Hindus. So also, it is not uncommon to provide a golden 'mangala sutra' in the marriage in Hindus as per custom. The evidence also discloses that on 26.10.2008, accused No. 1 and the deceased had come to the house of PW-1 and at that time, accused No. 1 was assaulted by PW-1 and accused No. 1 was admitted to hospital by the deceased. From the aforementioned material, it is clear that PW-1 himself brutally assaulted accused No. 1 when accused No. 1 visited the house of PW-1. From the aforementioned material, it is clear that PW-1 himself brutally assaulted accused No. 1 when accused No. 1 visited the house of PW-1. The very fact that the deceased had taken care to see that accused No. 1 was admitted to hospital itself clearly reveals that they were loving each other. 6. Further, suggestions are made by the defence to the effect that the deceased was not willing to marry accused No. 1, inasmuch as, she was in love with one Rafiq, who was erstwhile colleague in her office prior to the marriage. It is also suggestion of the defence that deceased was worried about the drunkard attitude of her father (PW-1) and also torture by PW-1 on accused No. 1. Be that as it may, since there is no material to show that neither accused No. 1 nor other accused did instigate the deceased to commit suicide in any manner, the Trial Court is justified in acquitting all the accused. As aforementioned, accused No. 1 is already dead, inasmuch as, he has committed suicide during the course of trial. Absolutely no material is found against other accused. Hence we do not find any ground to interfere with the judgment and order of acquittal passed by the Trial Court. Appeal fails and the same stands dismissed.