Point of Law : Section 34 of IPC is only rule of evidence and it does not create substantive offence.

JUDGMENT :

This appeal is directed against the judgment of acquittal rendered by the trial Court in S.C.No.148/2011 dated 10.08.2015 whereby acquittal of the accused for the offences punishable under Sections 302, 201, 498-A, 304-B r/w 34 IPC besides Sections 3 and 4 of Dowry Prohibition Act, 1961. Whereas the Appellant / State has preferred this appeal by urging various grounds and seeking to set-aside the acquittal judgment rendered by the trial Court in S.C.No.148/2011 and to convict the accused for the charges leveled against them.

2. Heard learned HCGP Smt. K.P. Yashoda for appellant / State and learned counsel namely Sri N. Srinivas for respondents / accused who are present before the Court physically. Perused the judgment of acquittal rendered by the trial Court in S.C.No.148/2011 which is consisting the evidence of PWs.1 to 16 and so also, documents at Exs.P1 to P19 inclusive of M.Os.1 to 7.

3. Factual matrix of the appeal are as under:

It is transpired in the case of the prosecution that on 07.02.2010 the marriage of deceased Pankaja @ Veena, D/o Hanumantha Reddy was performed with accused No.1 – Ramesh as per the customs prevailed in their society. Accused No.2 – Rajeshwari, w/o G.T. Venkatesh Reddy is the mother-in-law of the deceased and mother of accused No.1 – G.V. Ramesh. During the time of marriage accused No.1 being the bridegroom received Rs.2,00,000/-, 17 thola gold items from PW.3 who is no other than the father of deceased Pankaja @ Veena. Subsequent to her marriage with accused No.1, she was residing with accused Nos.1 and 2 at Kasavarahatti and for a period of more than a year she lead a happy marital life with accused No.1. But the accused alleged to have given physical as well as mental harassment by insisting her to bring dowry in terms of Rs.1,00,000/- from parents house to purchase a site, received Rs.1,00,000/- from PW.3 father of Pankaja and tortured Pankaja to bring almirah, cot and utensils from her parents house. On 16.05.2011 accused No.1 who is no other than the husband of deceased Pankaja with an intention to eliminate his wife on the pretext of getting treatment at Sunitha Nursing Home, Chitradurga and saying so, made a mobile call to his wife Pankaja and asked her to come to N.H.4 bypass Chitradurga, took her on motorcycle bearing Regn.No.KA.14/R 5378 and proceeded in that motorcycle to the low lying area situated near the land of one Gurulingappa by the side of N.H.13 near G.R.Halli at 10.30 a.m. Accused No.1 with an intention to eliminate his wife took the deceased Pankaja to the scene of crime committed murder by strangulating her with means of M.O.4 cotton rope and subsequent to committing murder of deceased Pankaja made effort to destroy the evidence to screening from legal punishment. It is further stated that accused No.1 – G.V. Ramesh who is none other than husband of deceased – Pankaja, accused No.2 – Rajeshwari who is the mother-in-law and both accused No.1 and 2 insisting her to bring in terms of dowry and extending dowry harassment to her and caused her death within a period of seven years from the date of her marriage in terms of dowry death.

4. It is further stated that accused Nos.1 and 2 insisting deceased Pankaja by demanding her to bring household articles from her parents house and saying so extending physical as well as mental harassment with a common intention and causing for physical as well as mental torture to her it is in terms of cruelty and also insisting her to bring additional dowry from her parents house despite receipt of dowry in terms of cash and gold items during her marriage with accused No.1 from her parents house.

5. In pursuance of the act of the accused and on filing of a complaint by PW.13 – Sudarshan Reddy whereby he saw the body of unknown woman which was lying at the scene of crime and based upon his complaint report at Ex.P15 that the criminal law was set into motion by recording the FIR at Ex.P14. Subsequent to registration of the crime, the investiga