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2015 Supreme(Kar) 979

MOHAN M.SHANTANAGOUDAR, R.B.BUDHIAL
State of Karnataka – Appellant
Versus
K. Nagaraja – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijayakumar Majage, Additional State Public Prosecutor.
For the Respondents:Rahul Cariyappa, Amicus Curiae by C.N. Raju, Advocate.

JUDGMENT :

Mohan M. Shantanagoudar, J.

This appeal is filed by the State against the judgment and order of acquittal dated 13-11-2009 passed by the Presiding Officer, Fast Track Court-V, Bengaluru City, in S.C. No. 110 of 2006.

The accused were tried and acquitted of the offences punishable under Sections 498-A, 304-B, 302 and 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Case of the prosecution in brief is that deceased Chandrakala married accused 1-Nagaraja on 6-11-2003 as per the customs prevailing in their community in the presence of the elders, relatives and friends of both the families.

Accused Nos. 2 and 3 are the mother and father of the accused No. 1, respectively. Among them accused No. 3-Krishnamurthy has expired. Accused Nos. 4 and 5 are brothers of accused No. 1.

The allegation of the prosecution is that prior to the marriage, the marriage talks took place in the presence of P.Ws. 6, 8, 9 and 10 regarding the marriage, wherein, the accused demanded dowry in terms of money of Rs. 2,00,000/- and 25 sovern gold and cash of Rs. 7,000/- apart from a TVS Victor Moped; parents of the deceased satisfied the demand of dow











































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