(1.) THIS appeal is filed by the State challenging the judgment dated 31.1.04 passed by the Prl. Civil Judge (Jr. Dn.) and JMFC, Chickballapur, in C.C. No. 125/01 challenging the acquittal of A -1 for the offence under Section 323, 498A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. for short D.P Act.
(2.) IT is the case of the prosecution that the marriage of the accused look place with the complainant Surekha on 15.5.98 at Kota Vijayalakshmi Kalyana Mantapa and at the time of the marriage, it is alleged that the accused has demanded and received dowry of Rs. 3 lakhs and also after the marriage, he was harassing her and abusing her for the purpose of extracting dowry from the parents of the complainant and on 12.8.2000 he had criminally intimidated the complainant and assaulted with hands thereby he is alleged to have committed an offence under Section 323, 498A, and 506 IPC r/w Sections 3 and 4 of the D.P. Act.
(3.) HEARD Sri Raja Subramanya Bhat, learned HCGP for State and Sri M.M. Ashoka, learned Counsel for the Respondent/accused. The learned HCGP submits that the complainant has narrated the incident of ill -treatment and harassment meted out to her and also demand of dowry and payment of the same to the accused. He further submits that the evidence of other witnesses more particularly the evidence of PW -6 corroborates the version of PW -1 and further the evidence of Police PW -5 indicates that the articles at. Mos. 1 to 24 have been seized in consequence of the complaint given and the said articles are identified by PW -1 as the same which are given to the accused/ her husband in consideration of marriage. Therefore, the offence as narrated are proved by the prosecution.