Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]

JUDGMENT :

This appeal is directed against the judgment of acquittal rendered by the Court of the I Additional Sessions Judge, Chikkamagaluru, in S.C.No.19/2014 dated 13.01.2016 acquitting the accused of the offences punishable under sections 498-A, 306, 304-B read with section 34 of IPC, 1860 and under sections 3 and 4 of Dowry Prohibition Act. Whereas in this appeal, the appellant/State is seeking intervention of this Court to consider the grounds urged in the appeal and consequently, set aside the acquittal judgment rendered by the trial Court and convict the respondents/accused for the offences alleged against them.

2. Heard learned HCGP Shri Abhijith.K.S. for the appellant/State and so also learned Senior Counsel Shri P.P.Hegde for learned counsel Shri Venkatesh Somareddi who is on record for respondents/accused Nos.1, 2 and 4. So far as the case against respondent No.3/accused No.3 is abated in pursuance of order dated 15.07.2021 in view of the death of accused No.3 during the course of this appeal. Perused the impugned judgment of acquittal rendered by the trial Court in S.C.No.19/2014 dated 13.01.2016.

3. The factual matrix of this appeal are as under:-

It has transpired in the case of the prosecution that, accused No.1 is the husband of Smt.Pushpa @ Pushpalatha. Her marriage was performed with accused No.1 on 12.02.2009 as per the customs prevailing in their society. Accused Nos.2 to 4 being the mother, father and sister’s daughter of accused No.1 respectively, in furtherance oftheir common intention, since sometime after the marriage, were subjecting Smt. Pushpa @ Pushpalatha to cruelty by harassing her and also ill-treating her physically and mentally, as it likely to drive her to commit suicide. In furtherance of their common intention and in the course of the same transaction, received cash of Rs.35,000/-and gold ornaments weighing 35 grams in all as dowry from the parents of the deceased. Despite receiving dowry in terms of cash and gold items from the parents of the deceased, the accused had extended physical as well as mental harassment, driving the deceased to commit suicide.

4. It further reveals that accused Nos.1 to 4, in furtherance of their common intention and in the course of the same transaction, demanded cash from the parents of the accused and were subjecting her to cruelty by harassing and ill-treating her physically and mentally to meet their demand for dowry. On 30.9.2013 at about 11.30 a.m., Smt. Pushpa @ Pushapalatha, wife of accused No.1 committed suicide by hanging herself by using the veil to an iron rod in the bathroom of her matrimonial house at Housing Board, Chikkamagaluru. It has further transpired that immediately prior thereto accused Nos.1 to 4, in furtherance of their common intention to eliminate the deceased Pushpa @ Pushpalatha, had subjected her to cruelty and harassment which drove her to commit suicide and thereby they had abetted her to commit suicide and were responsible for her death.

5. It is in pursuance of the said act of the accused, on filing of the complaint by the complainant, criminal law was set into motion by recording F.I.R. as per Ex.P18 for the offences stated supra. Subsequent to registration of the crime and also setting the criminal law into motion, the I.O. has conducted the investigation thoroughly and during investigation recorded the statement of the witnesses, conducted spot mahazar at.P3 and also got prepared from PW.12 – Tahsildar the inquest mahazar at Ex.P8 over the dead body of the deceased in the presence of the elderly persons and so also secured the post-mortem report – Ex.P15 from the Doctor who had conducted autopsy over the dead body and so also secured other materials in compliance with section 173(2) Cr.P.C. and thereafter laid the charge sheet against the accused before the committal court. Subsequent to filing of the charge sheet by the Investigating Officer, the case was committed by the trial Court by passing an order as contemplated under sec