STATE OF KARNATAKA Vs. GNANENDRA

JUDGEMENT

(1.) THIS State has questioned the judgment and order of acquittal passed by the learned Sessions judge. Mysore, Dated 15/9/1999 acquitting the respondents herein of the offences punishable under Secs. 3 and 4 of the dowry Prohibition Act. 1961, See. 498-A and See. 302 read with Sec. 34 of 1pc. Though there were four accused persons initially, the second accused, namely, the mother of first accused died and hence, the case was proceeded against only the other three accused who are respondents 1 to 3 before this Court.

(2.) THE charge against the accused persons was that the first respondent being the husband, second respondent and third respondent being the brother-in-law and sisfer-in-law of deceased Kavita, along with deceased Rukrniniamma who was the mother-in-law of Kavita. subjected the said kavita to cruel treatment in connection with demand of dowry of Rs. 50,000. 00 along with jewels, and subsequent demand of Rs. 3 lakhs as dowry and in addition to this, the accused persons also gave ill-treatment to the deceased Kavita and to cap it all, the husband of deceased Kavita, that is the first respondent before us was having illicit relationship with the third respondent -Shobha and this was witnessed by deceased kavita on the night of the fateful day and following this, the accused persons set fire to Kavita, in asmuch as, the respondents before us held deceased Kavita and deceased rukminiamma, the mother-in-law of Kavita caused several burn injuries on Kavita by keeping on. her body, kerosene soaked cloth, which was set on fire and thus, Kavita died of the burn injuries sustained in the aforesaid manner and hence, the charge against the accused persons.

(3.) BUT however, the broad features of the prosecution case as revealed during trial may be stated as under : deceased Kavita was a Convent read, well educated and a beautiful girl and she was the only daughter of the complainant -Shiva-ramaiah (P. W. 2.) and the said shivaramaiah had retired from service as a physical Training Instructor in a school and was residing in Doorvaninagar, ITI Colony. Bangalore, at the relevant time. Kavita's marriage with the first respondent -Gnanendra took place on 21-6-91 and at the time of marriage, there was no demand of dowry by any of the accused, much less, by the first respondent-husband. But how ever, soon after Kavita entered her matrimonial home, the trouble started. It is the prosecution case that Kavita was subjected to cruel treatment and she felt like a prisoner in the house of the accused and further there was constant demand by the accused persons for dowry to the tune of Rs. 3 lakhs and in additions to the said demand for dowry and cruel treatment, it was alleged by the prosecution, that Kavita's husband, namely Gnanendra, was found to have illicit relationship with his sister-in-law i. e. the third respondent, herein and this was witnessed by Kavita on the night of 12-9-94, when Kavita's husband who went to attend nature's call to the bathroom did not return for long and therefore out of curiosity. Kavita checked as to where her husband was and she saw him in the company of the third respondent - Shobha. On coming to know of this fact, all the accused persons took Kavita to the kitchen and she was set on fire in the manner described above. Following the burn injuries sustained, Kavita was taken to the hospital for treatment. At the hospital, the history of the burn injuries was given as due to accidental burn following the incident of Kavita trying to get the milk boiled to give to her child and in the process, her saree caught fire and thus she sustained burn injuries. Kavita was given treatment at the hospital.