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(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The State has preferred this appeal against the Judgment of acquittal passed by the Principal District and Sessions Judge, Haveri (for short, 'the trial Court') in Sessions Case No.50/2013 dated 07.01.2017.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court.

3. The brief facts leading to this appeal are that the Station House Officer, Haveri Rural Police Station filed the charge sheet against the accused for the offences punishable under Sections 498A and 306 read with Section 34 of IPC. It is alleged that accused No.1 is the husband of the deceased-Shailaja and their marriage was solemnized on 10.05.2007 in Sri Charamurtheshwara Kalyana Mantap of Ganjigatti village in Shiggaon taluka. It is further alleged that after the marriage, accused No.1 being the husband of deceased along with accused No.2, who is mother-in- law of the deceased, started to give physical and mental harassment to the deceased-Shailaja by saying that she does not know cooking and accused No.1 was demanding to bring money from her parental house and was provoking her to commit suicide and in consequence of such provocation, on 27.02.2013 at about 2.00 p.m., near Karjagi Railway Station between 400 Km. and 401 Km. milestone, Shailaja committed suicide by lying on the railway track and she was crushed under the ongoing train and died at the spot.

deceased-Shailaja is her daughter and she expired on 28.02.2013 near Railway Station. Prior to 6 years of her death, she was married to accused No.1. At the time of their marriage, she has given four tolas of gold ornaments, Rs.3,00,000/- of cash as dowry and also they have given one vacant site in Haveri. After marriage, they have given one more vacant site in the name of accused No.1. Accused No.1 was working as Teacher in the Government School at Haveri and her daughter also working as a Teacher in the Government School. After their marriage, her daughter-Shailaja was residing in the house of accused No.1. Accused No.2 was also residing with them. Till 2 years from the marriage, the accused looked after her daughter well. Out of their wedlock, they have got 2 sons and they were looking after them very well and thereafter accused pressurizing the Shailaja to bring additional dowry from her parental house and also they used to accuse that she do not know household work and cook and accused No.1 was even assaulting her daughter. They also pestered her daughter to pay the entire salary amount, same was informed by her daughter. Thereafter they

25. CW.6-Salim S/o.Modilsab Ron, clothes seizure mahazar witness, examined as P.W.4. He has not supported to the case of prosecution.

26. CW.8-Ramanna Lingappa Navi, Senior Constable, Railway Police Station, Hubballi, examined as P.W.5. He has deposed in his evidence that he has registered the case in UDR No.18/2013 and he has handed over the seized clothes and ornaments to Haveri Rural Police, which are marked as M.O.1 to M.O.9. He has also handed over one letter along with M.O.1 to M.O.9 to the Rural Police Haveri as per Exhibit P.17.

44. Along with this statement, accused No.1 has produced the copy of Sale Deed dated 18.11.2010 and copies of FD receipts kept in the name of his both sons. During the time of arguments on 09.12.2016, learned

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counsel for the accused has produced two passbooks standing in the name of deceased-Shailaja issued by the Vijaya Bank, Haveri.

45. The Sale Deed dated 18.11.2010 reveals that accused No.1 has purchased the plot No.3 at Ijarilakamapur of Haveri Town measuring 02 gunta, 3.5 anna for valuable sale consideration of Rs.1,89,000/- from P.W.10. Smt.Veeramma D/w. Channayya Katteppannavar (sister of deceased). P.W.10 has also admitted the same in her evidence. The FD receipts would show that out of the savings of the deceased they have got the FD in the name of her children and passbook issued by the Vijaya Bank would show that deceased was having savings account and another RD account. Till the time of her death, she was regularly deposited RD in Vijaya Bank and her entire salary was credited to her account till 14.02.2013. In the passbook, amount of Rs.1,47,653/- has been shown as balance at credit. All these documents are prior to the death of deceased.