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2018 Supreme(Kar) 472

BUDIHAL R.B., K.S.MUDAGAL
STATE BY SUBRAMANYAPURA POLICE STATION, BANGALORE – Appellant
Versus
SHIVAKUMAR, S/O SHIVAIAH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Vijayakumar Majage, Addl. SPP
For the Respondent:Sri R. Srinivas, advocate (absent); Sri N.S. Sampangi Ramaiah, Amicus Curiae

JUDGMENT :

1. This appeal is preferred by the State being aggrieved by the judgment and order of acquittal dated 21.11.2011 passed by the XLV Addl. City Civil and Sessions Judge, Bengaluru City in S.C.No.71/2011, wherein the accused persons have been acquitted for the offences punishable under Sections 498A, 304B read with 34 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act.

2. Brief facts of the prosecution case as per the complaint averments that the father of the deceased lodged the complaint as per Ex.P1 and he has been examined before the Court below as P.W.1. The contents of the complaint are that the complainant is residing in the address mentioned in the complaint and he is working as Watchman; he is having two daughters and one son; Rekha is the eldest daughter, Ananda is the only son and Ramya was the youngest daughter, who is the deceased in this case. It is stated that Ramya was given in marriage to accused No.1 on 14.06.2009, at the time of engagement they paid an amount of Rs.50,000/-, one gold chain, one gold ring, one watch to accused No.1 and one gold necklace, one mangalya chain, totally 100grams of gold and they have also given the silver articles. T























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