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. The marriage of deceased with accused No.1 was performed in Basaveshwara Temple at Maralebekuppe village in the presence of elders. After marriage, the deceased went to her matrimonial house, wherein accused Nos.1, 2, 3 and the deceased were residing together in a rented house.

Accused No.1 was working in Durana enterprises and since one month prior to the incident the deceased was also working in the garments and she was doing tailoring work. Whenever the deceased was talking with neighbours or over phone, accused were raising suspicion about her fidelity and as she has not begotten the child even after the period of one year after marriage, even on that ground also accused No.1 often abusing the deceased, he was assaulting her, which the deceased was informing to her parents over phone. Accused persons were also telling the deceased that if they had performed the marriage of accused No.1 with some other girl they would have given more dowry amount and also gold ornaments. Accused persons were picking up quarrel with the deceased everyday, assaulting her, insisting her to go to her parental place and to bring additional dowry amount of Rs.50,000/and everyday they were giving ill-treatment and harassment to the deceased both physical and mental. The deceased was informing about the same to the complainant and other family members over phone. One month earlier to the incident, the complainant along with his relatives went to the house of accused persons and spoke to accused Nos.1, 2 and 3 and informed them that they will give the amount within few days.

On 17.06.2010 at 7.30 a.m. when the complainant was in his house, the neighbour of the accused persons telephoned him and informed that his daughter went into bedroom and latched it, at that time the complainant called accused No.1 through his mobile phone and enquired the matter, at that time accused No.1 informed the complainant that his daughter committed suicide by hanging. Then the complainant along with his family members and relatives went to the house of his daughter, by that time the deceased was taken down from ceiling fan, but the veil was hanging to the fan, and when they touched the body of the deceased, she was dead. Therefore, they became frightened and informed to their relatives over phone, thereafter the complainant went to the police station and lodged the complaint. It is also stated in the complaint that accused Nos.1 to 3 gave physical and mental harassment to the deceased in connection with the dowry amount and because of that reason his daughter committed suicide, hence, all the three accused persons are responsible for the death of his daughter.

3. On the basis of the said complaint, FIR came to be registered in Subramanyapura Police Station, Bengaluru South Taluk, Crime No.323/201