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K. SOMASHEKAR, C. M. JOSHI
State of Karnataka, By Virajpet Rural Police Station, Rep. by SPP – Appellant
Versus
Purushothama @ Mari S/o. Ponnachana Uthappa – Respondent
JUDGMENT :
This appeal is directed against the judgment of acquittal rendered by the Court of II Addl. District and Sessions Judge, Kodagu – Madikeri sitting at Virajpet in S.C.No.45/2008 dated 30.12.2015 acquitting Accused No.1 for the offence punishable under Sections 304-B, 306 r/w 34 of IPC, 1860 and for the offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act. But held conviction for the offence punishable under Section 498-A of IPC. Whereas in this appeal seeking intervention it needs by consideration of grounds urged in this appeal. Consequently, to set-aside the judgment of acquittal rendered by the trial Court and convict respondent / accused No.1 for the aforesaid offences for which he was charged.
2. Heard, learned HCGP for State and so also, learned counsel Sri Sudeep Bangera for respondent / accused. Perused the judgment of acquittal.
3. The factual matrix of the appeal is as under:
It is transpired in the case of the prosecution that the marriage of accused No.1 namely Purushothama @ Mari was performed with deceased Vimalakshi as per the customs prevailed in their society and their marriage was performed on 22.05.2006. Prior to 25 days of the marriag
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The prosecution must establish the elements of dowry death and the rebuttable nature of the presumption under Section 113B of the Evidence Act in cases involving dowry-related offenses.
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
The absence of evidence proving demand of dowry or cruelty negates conviction under Sections 498A and 304B IPC; presumption under Section 113B of the Evidence Act requires substantiation of foundatio....
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
Prosecution failed to provide sufficient evidence to substantiate claims of dowry harassment leading to suicide, rendering conviction under IPC Sections 498A and 306 unsustainable.
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