Case Note & Summary
The appeal arose from the judgment of acquittal passed by the I Additional Sessions Judge, Chikkamagaluru in S.C. No. 19/2014 dated 13.01.2016, whereby the accused were acquitted of charges under Sections 498-A, 306, 304-B read with 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act. The State of Karnataka, represented by the Chikkamagaluru Rural Police Station, filed the present appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 seeking to set aside the acquittal and convict the respondents. The prosecution case was that the marriage between accused No.1 and the deceased Pushpa @ Pushpalatha was solemnized on 12.02.2009. Accused Nos. 2 to 4, being the mother, father, and sister’s daughter of accused No.1 respectively, along with accused No.1, allegedly subjected the deceased to cruelty by harassing and ill-treating her physically and mentally, demanding dowry. It was alleged that they received cash of Rs.35,000 and gold ornaments weighing 35 grams as dowry from the parents of the deceased, yet continued the harassment. On 30.09.2013, the deceased committed suicide by hanging herself in the bathroom of her matrimonial house. The prosecution contended that the accused abetted her suicide and were responsible for her death. After the complaint by the mother of the deceased (PW.1), an FIR was recorded (Ex.P18), investigation conducted, and a charge sheet filed. The case was committed to the Sessions Court and numbered S.C. No. 19/2014. Charges were framed and the accused pleaded not guilty. The prosecution examined 20 witnesses (PW.1 to PW.20) and marked Exs.P1 to P23 and M.Os.1 to 7. Defence got marked Exs.D1 to D15 and CD. The trial court, after considering the evidence, acquitted the accused. The State challenged the acquittal. During the pendency of the appeal, respondent No.3/accused No.3 died and the appeal against him abated. The High Court heard the HCGP for the State and Senior Counsel for respondents 1, 2, and 4. The judgment text, however, is incomplete and does not contain the final decision, reasoning, or directions of the High Court, as the available record ends during the discussion of prosecution witnesses’ testimony.
Issue of Consideration
Whether the State's appeal against the acquittal of the respondents for offences under Sections 498A, 304B, 306 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act deserves to be allowed
Case Details
2022 LawText (KAR) (11) 44
CRIMINAL APPEAL NO.1091/2016
Justice K. Somashekar, Justice C.M. Joshi
Sri. Abhijit K.S., HCGP for appellant; Sri. P.P. Hegde, Senior Counsel for Sri. Venkatesh Somareddi for respondents 1, 2 and 4
State of Karnataka by Chikkamagaluru Rural Police Station
Prashanth @ Prashantha Raj Urs (Accused No.1), Kamalamma (Accused No.2), Javaraj Urs (Accused No.3, appeal abated), Kavya (Accused No.4)
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
Appellant/State seeks to set aside the trial court's acquittal and convict the respondents for offences under Sections 498A, 304B, 306 r/w 34 IPC and Sections 3,4 of the Dowry Prohibition Act
Filing Reason
State aggrieved by the acquittal judgment dated 13.01.2016 in S.C. No. 19/2014 by the I Additional Sessions Judge, Chikkamagaluru
Previous Decisions
Trial court acquitted the accused of all charges on 13.01.2016
Issues
Whether the trial court's acquittal of the respondents is sustainable in law and on facts
Judgment Excerpts
This appeal is directed against the judgment of acquittal rendered by the Court of the I Additional Sessions Judge, Chikkamagaluru, in S.C.No.19/2014 dated 13.01.2016 acquitting the accused of the offences punishable under sections 498-A, 306, 304-B read with section 34 of IPC, 1860 and under sections 3 and 4 of Dowry Prohibition Act.
On 30.9.2013 at about 11.30 a.m., Smt. Pushpa @ Pushapalatha, wife of accused No.1 committed suicide by hanging herself by using the veil to an iron rod in the bathroom of her matrimonial house at Housing Board, Chikkamagaluru.
Procedural History
On the complaint of PW.1, FIR (Ex.P18) was registered. Investigation conducted, spot mahazar (Ex.P3) drawn, inquest mahazar (Ex.P8) held by Tahsildar (PW.12), post-mortem report (Ex.P15) obtained, statements recorded, and charge sheet filed under Section 173(2) CrPC. Case committed to Sessions Court under Section 209 CrPC and registered as S.C. No. 19/2014. Charges framed under Sections 498A, 304B, 306 r/w 34 IPC and Sections 3, 4 Dowry Prohibition Act; accused pleaded not guilty. Prosecution examined 20 witnesses, marked Exs.P1 to P23 and M.Os.1 to 7; defence marked Exs.D1 to D15 and Ex.D1(a). Accused examined under Section 313 CrPC but did not lead defence evidence. Trial court acquitted all accused on 13.01.2016. State filed appeal under Section 378(1)&(3) CrPC. During appeal, accused No.3 died and appeal against him abated on 15.07.2021.
Acts & Sections
- Indian Penal Code, 1860: 498A, 304B, 306, 34
- Dowry Prohibition Act, 1961: 3, 4
- Code of Criminal Procedure, 1973: 378(1), 378(3), 173(2), 209, 313, 233
