This appeal is directed against the judgment of

acquittal rendered by the Court of II Addl.District and

Sessions Judge, Kodagu 3 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.

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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 marriage there was marriage talks held in

the presence of the elderly persons wherein accused

No.2 - Ponnachana Uthappa who is none other than the

father of accused No.1 had demanded to provide dowry

in terms of cash. Accordingly, the parents of deceased

had given dowry in a sum of Rs.45,000/- to accused

No.2 through the cheque issued by CW.4 being the

witness who has been cited in the charge sheet.

During the marriage golden ornaments were also given

to the bride and bridegroom. Subsequent to the

marriage, deceased started residing with the accused

persons consisting her husband accused No.1 and her

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in-laws being arraigned as accused Nos.2 and 3. But

she was happily residing in the matrimonial house after

two months of the marriage. Thereafter accused persons

demanded to her to bring additional dowry from her

parents. Accused No.1 was addicted with some bad

vices by consuming alcohol and deceased was afraid of

selling the other ornaments by accused No.1 and

therefore, she had kept them in her parents house.

However, the accused persons demanded deceased 3

Vimalakshi to bring the dowry in terms of gold items, if

not, cash of Rs.5,000/- was asked to bring. Accused

persons picked up quarrel with the deceased by abusing

in filthy language and used to assault her. The

deceased had gone to her parents house due to physical

as well as mental harassment extended by the accused

persons. She has narrated such kind of cruelty meted

out at the hands of her husband including of her

parents-in-laws. The accused persons also demanded

cash of Rs.10,000/- from Sthri Shakthi Sangha. These

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are all the things that took place in the family affairs of

deceased and accused No.1 and so also, his parents

being arraigned as accused Nos.2 and 3. Prior to five

days of her death, deceased Vimalakshi had gone to

Kushalnagara in respect of opening ceremony of the

house of PWs.4 and 5 where she has briefed about the

harassment extended by her husband and also her in-

laws. Therefore, her relatives had pacified her and

accordingly, she had been to the house of her husband.

But accused No.1 despite of advise made to her relating

to running of family in a conducive atmosphere, but

accused No.1 demanded her to bring a sum of

Rs.5,000/-. Despite of that kind of dowry that has been

fulfilled, but she was given physical as well as mental

harassment by the accused persons. Due to that

harassment, she consumed pesticides on 26.10.2007 at

1.00 p.m. She was taken to Virajpet Government

Hospital to provide treatment and also to save her life,

but she last her breath at 4.05 p.m. due to dowry

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harassment meted out at the hands of her husband in

co-ordination with the in-laws.

4. Subsequently, PW.1 3 M.B.Jayakumar being the

brother of deceased filed complaint as per Ex.P1 base