K.N. Phaneendra, J.

1. Aggrieved by the judgment of acquittal recorded by the Fast Track Court & Sessions Judge, Bangalore City, FTC No. VI, in SC No. 516/2004 dated 28.4.2010, the first informant by name Smt. Ratna-PW13 (complainant) has preferred Crl. Appeal No. 597/2010. So also, the State has preferred an appeal against the same judgment of acquittal in Criminal Appeal No. 1326/2010.

2. The Trial Court has tried the respondents herein who are arrayed as Accused Nos. 1 to 5 for the offence punishable under Sections 498A, 304B, 302 of IPC, also under Section 3& 4 of the Dowry Prohibition Act read with Section 34 of IPC and ultimately found that the accused found not guilty of the aforesaid offences and consequently, acquitted them.

3. The brief factual matrix that emanate from the records are that:

Smt. Ratna and Sri Channaveerappa, parents of the deceased simpa, examined as PWs. 13 and 16 respectively are the husband and wife. They have given their daughter by name Simpa (deceased) in marriage to Accused No. 1. The other accused persons i.e., A2 and A3 are the parents of A1. A4 Smt. Mangala Gowri and A5 Sathish Kumar are the sister and brother-in-law of A1 respectively. The marriage between A1 and Simpa, undisputedly taken place on 5.9.1999. It is also not disputed that they have got a child of 1 1/2 years old at the time of the incident. The main case of the prosecution is that even at the time of the marriage, particularly at the time of negotiations, the accused persons have demanded cash of Rs. 1 lakh and Jewellary worth Rs. 5 lakhs. At the time of marriage, the said amount was paid as dowry and Jewelry worth Rs. 5 lakhs were also given in consideration of the marriage. Sometime after the marriage, A1 and Smt. Simpa lived happily as husband and wife in the matrimonial home. Thereafter, the accused persons being not satisfied with the dowry of Rs. 25,000/- given at the time of marriage and the Jewellary have started demanding more money and articles from the parental house of the deceased. In this background, it is specifically alleged that there was ill-treatment and harassment to the deceased which were un-tolerable. In this backdrop, on 30.5.2002, in the morning hours as per the prosecution case, at about 7.30 a.m., the accused persons have killed the deceased by causing burn injuries by pouring kerosene on her and liting fire in the lavatory situated in the backyard of their house, which is situated at 11th-C Cross, 3rd Block, BEL Extension, Vidhyaranyapura, Bangalore. The prosecution case further continues on the allegations that the Accused No. 1 secured the presence of the police giving information that she died in the lavatory. The Police Constable-CW33 (examined as DW-6) went to the spot and recorded the statement of A1 and thereafter, a case was registered by Police in UDR No. 14/2002 and submitted FIR and requested the Taluka Executive Magistrate to conduct the inquest panchanama. The Taluka Executive Magistrate - PW20 Mr. N.R. Sudakar has conducted the inquest panchanama at M.S. Ramaiah Hospital, where the dead body was shifted by that time. Thereafter, on the request of the Police, the dead body of the deceased Smt. Simpa was shifted from M.S. Ramaiah Hospital to Bowring Hospital for the purpose of conducting post-mortem examination. On 31.5.2002, the post-mortem examination was conducted and on the basis of the statements of the father and the mother of the deceased, the Police have registered a case in Crime No. 86/2002 against the accused persons for the offence punishable under Section 498A, 304B, and 302 of IPC and also u/s. 3 & 4 of the Dowry Prohibition Act read with Section 34of IPC.

4. The records disclose that at the initial stage A2 to A5 were enlarged on bail and subsequently A1 was also enlarged on bail. The Trial Court, after going through the contents of the charge sheet, has framed charges against the accused persons for the offence punishable under Sections 498A, 302, 304B and also under