Bangalore District Court
The State By Srirampura Ps vs A1. Vasu on 15 March, 2022
IN THE COURT OF XXXIX ADDL.ACMM,
BENGALURU
Present : Sandesh Prabhu.B. BA(LAW), LL.B.
XXXIX ACMM, Bengaluru,
C.C.No.25507/2012
Dated : On this the 15th March, 2022
Complainant: The State by Srirampura PS
Police Station, Bengaluru
(By Assistant Public Prosecutor).
V/s
Accused: A1. Vasu, (Abated)
S/o Muniswami,
r/at no.162/A, railway quarters,
Yeshwanthpura, Bengaluru
A2. Aniyamma,
W/o Muniswami
r/at no.162/A, railway quarters,
Yeshwanthpura, Bengaluru
A3.Muniswami,
S/ Rajendra,
r/at no.162/A, railway quarters,
Yeshwanthpura, Bengaluru
A4. Smt Bhagya,
W/o Venkatesh,
r/at no.118, 4th cross,
Saibabanagar, Srirampura,
Bengaluru
2 CC25507/2012
A5. Smt.Shanthi.S,
W/o Suresh,
r/at no.17, 3rd cross,
Saibaba nagar, Srirampura,
Bengaluru
(By Sri. Rudhrabhushan.C.Benakanalli
Advocate)
Date of Report of Offence : 10102012
Name of the Complainant : Smt.Asha.D
Date of Commencement of
recording of Evidence : 07032022
Date of Closing of evidence : 07032022
Offences complained are :U/Secs 498(A), 3 & 4
of D.P Act
Opinion of the Judge : Accused found not
guilty
(Sandesh Prabhu B.)
XXXIX ACMM,
Bengaluru
:: JUDGEMENT ::
The PSI of Srirampura PS, Bengaluru has filed
charge sheet against the accused no.1 to 5 for the
offences punishable u/s 498(A) of IPC and 3 & 4 of DP
Act.
3 CC25507/2012
2. The case of the prosecution in nutshell is as
follows :
That on 11112010 the complainant married to
accused no.1 at Siddaganga kalyana mantapa and after
marriage the complainant started to live in her
matrimonial house no.162/A, railway quarters,
Yeshwanthpura, Bangalore, at that time the accused
no.1 to 5 gave physical and mental cruelty to
complainant by demanding dowry of Rs.5,00,000/.
Further the accused no.2 to 5 had assaulted with hands
to complainant and demanded her to bring additional
dowry. That on 13032011 the complainant was
residing with accused no.1 at house no.63, 2 nd main
road, 3rd cross, Nagappa block, at that time the accused
no.1 had demanded her to bring dowry of
Rs.5,00,000/, assaulted her and gave physical and
mental cruelty to her. Therefore the complainant lodged
complaint against the accused.
3. On the basis of complaint given by complainant
the Srirampura police have registered a case against the
4 CC25507/2012
accused no.1 to 5 in Cr.No.162/2012 for the offences
punishable u/s 498(A) of IPC and 3 & 4 of DP Act. After
completion of the investigation, the Investigating Officer
has filed the charge sheet against the accused for the
above said offences.
4. After filing the charge sheet, cognizance was
taken for the offences punishable u/s 498(A) of IPC and
3 & 4 of DP Act and after issuance of summons the
accused no.1 to 5 were appeared before the court and
later they were enlarged on bail. Thereafter the
prosecution papers have been furnished to the accused
persons as contemplated U/Sec.207 of Cr.P.C.
Thereafter heard the learned prosecution and counsel
for accused about framing of charge. Since there were
sufficient materials to frame charge against the
accused, charges were framed u/s 498(A) of IPC and 3
& 4 of DP Act. The sum and substance of the
accusation was read over to the accused and their
answers to the said accusation was denial and they
5 CC25507/2012
claimed to be tried. Hence, the prosecution was given
an opportunity to establish the guilt of the accused
persons.
5. The prosecution in order to bring home the
guilt of the accused, it got examined only one witness
as PW1 and got marked two documents as per Ex.P1
& Ex.P2. Since PW1 being the complainant has turned
hostile to the prosecution case, the prayer of the
learned APP for examining the other witnesses has been
rejected and remaining witnesses have been dropped as
no purpose would be served. When the case is
adjourned for 313 statement, the counsel for accused
files death certificate of accused no.1. Perused. Hence
case against the accused no.1 was abated. Since there
is no any incriminating evidence against the accused,
the statement of the accused no.2 to 5 as required
U/Sec. 313 of Cr.P.C. is dispensed with.
6 CC25507/2012
6. Heard the arguments of learned prosecution
and counsel for accused.
7. The points that arise for consideration of this
Court are as under :
:: POINTS ::
1.Whether the prosecution proves beyond all reasonable doubt on 11112010, CW1 got married with the accused at Siddagannga hall and at the time of marriage, the accused had received 12 grams of gold and other articles as dowry from the parents of the CW1 and thereby committed an offence p/u/s 3 of D.P Act?
2. Whether the prosecution further proves beyond all reasonable doubt that after the marriage when Cw1 started to live in her matrimonial house situated at house no.162/A, railway quarters, Yashwanthpura, Bangalore, at that time the accused had gave physical and mental cruelty by not providing proper food and trying to strangulate her neck and thereby committed an offence p/u/s 498(A) of IPC?
7 CC25507/2012
3. Whether the prosecution further proves beyond all reasonable doubt that on 13032011, when Cw1 along with the accused no.1 was residing at house no.63, 2nd main road, 3rd cross, Nagappa block, at that time the accused no.1 had demanded to bring additional dowry of Rs.5,00,000/ from her parents house and thereby committed an offence p/u/s 4 of D.P Act?
4. What Order?
8. The findings of this Court on above points are as under: Point No.1 to 3 : In Negative Point No.4 : As per the final order for the following: REASONS
9. POINT No.1 to 3 : All the points are connected each other and in order to avoid the repetition of the facts and appreciation of the evidence, all the points are taken up together for common consideration. 8 CC25507/2012
10. It is the specific case of the prosecution that on 11112010 the complainant married to accused no.1 at Siddaganga kalyana mantapa and after marriage the complainant started to live in her matrimonial house no.162/A, railway quarters, Yeshwanthpura, Bangalore, at that time the accused no.1 to 5 gave physical and mental cruelty to complainant by demanding dowry of Rs.5,00,000/. Further the accused no.2 to 5 had assaulted with hands to complainant and demanded her to bring additional dowry. That on 13032011 the complainant was residing with accused no.1 at house no.63, 2 nd main road, 3rd cross, Nagappa block, at that time the accused no.1 had demanded her to bring dowry of Rs.5,00,000/, assaulted her and gave physical and mental cruelty to her. Therefore the complainant lodged complaint against the accused.
11. The prosecution in order to bring home the guilt of the accused persons, it got examined one 9 CC25507/2012 witness as PW1. Along with the oral evidence, the prosecution has produced and got marked two documents as per Ex.P1 & 2..
12. The prosecution got examined PW1, who is the complainant in this case. The PW1 deposed that she married to accused no.1 in the year 2010, thereafter when she started to live in her matrimonial house, at that time there was a misunderstanding between herself with the accused for silly reason. Apart from that, accused had not given physical and mental cruelty and not demanded to bring dowry. Further when she went to police station, police had obtained her signature on two documents but she is not aware of those documents. At this stage, the learned APP treated this witness as hostile witness and cross examined her with great efforts. But, in spite of that, PW1 has denied all the suggestions put by prosecution and nothing has been elucidated from her mouth so as to support the case of prosecution.
10 CC25507/2012
13. It is to be expected that, PW.1 being the informant/victim being the star and material witness, has to depose as per the version of prosecution. But in this case, she has turned hostile to the case of prosecution and not supported her own case and denied the acts of the accused persons. Moreover, on perusal of the oral evidence of PW1, it reveals that she has compromised the matter along with the accused. In view of the nonsupporting of the main and material witnesses, this Court is of the considered view that, prosecution has miserably failed to prove the guilt of the accused for the alleged offences beyond all reasonable doubt. Hence, for the said reasons this court answers point Nos.1 to 3 in the Negative.
14. POINT No.4: In view of discussion held on above points, this court proceeds to pass the following:
:: ORDER :: Acting u/s 248 (1) of Cr.P.C., the accused no.2 to 5 are hereby acquitted for the offences 11 CC25507/2012 punishable u/s 498(A) of IPC and 3 & 4 of D.P Act The bail bonds of the accused and sureties shall stand cancelled.
(Dictated to the stenographer directly on computer, typed by her, revised and corrected by me and then pronounced in open Court on this the 15th day of March, 2022) (Sandesh Prabhu B.) XXXIX ACMM, Bengaluru ANNEXURE
1. Witnesses examined on behalf of Prosecution PW1 : Asha, D/o Dorai swami
2. Documents exhibited on behalf of Prosecution Ex.P.1 : Complaint Ex.P1a : Signature of PW1 Ex.P2 : Spot Mahazar Ex.P2a : Signature of PW1
3. Material objects exhibited on behalf of prosecution NIL
4. List of witnesses and documents on Defense side Nil (Sandesh Prabhu B.) XXXIX ACMM, Bengaluru