- (1.) THE State has filed this appeal against acquittal of accused No. 1 and 2 for offences punishable under Sections 498 -A, 304 -B I.P.C., and also for offences punishable under Sections 3, 4 and 6 of the Down Prohibition Act.
(2.) WE have heard Sri. P.M. Nawaz, learned Addl. S.P.P. for State and Sri. P.B. Ajit, learned counsel for accused. We have been taken through evidence and the impugned judgment. The gist of charges framed: against the accused may be stated thus: The accused at the time of marriage with the deceased Amaravathi had demanded and accepted dowry of Rs. 3,000/ - and had also agreed to receive remaining dowry of Rs. 2,000/ - after the marriage. The accused were ill -treating and harassing the deceased to bring remaining part of dowry. The deceased not being able to bear the cruelty meted to her by the accused in relation to dowry committed suicide on 9.5.2003 by hanging herself to Honge tree in the land of Krishnappa near Doddanahalli village.
(3.) THE undisputed facts are that; the accused No. 1 had married deceased Amaravathi on 17.05.2002. After the marriage, she was living in the house of accused in Doddanahalli village. The inmates of house of accused were accused No. 1 and 2, Amaravathi (deceased) and daughter of elder sister of accused No. 1 by name Amara. The said Amara was not married. The first accused and deceased were cordial for a period of 3 months. On 9.5.2003, the deceased Amaravathi committed suicide by hanging herself to a Honge tree in the land of one Krishnappa near Doddanahalli village. The inquest held by P.W. 7 Javaregowda, Taluk Executive Magistrate and postmortem examination conducted by P.W. 9 - Dr. D.B. Kulkarni would reveal that the death of Amaravathi was suicidal in nature. The close relatives of deceased are P.W. 1 - Nagaraja (elder brother of deceased), P.W. 2 - Shivanna (maternal uncle of deceased), P.W. 3 -Gowramma (mother of deceased). P.W. 14 -Ramakrishnappa (junior paternal uncle of deceased) and P.W. 15 -Anjanappa (younger brother of P.W. 14). Accused No. 1 is the son of accused No. 2.;