State of Karnataka Vs. Dattaraj & Others
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 304-B , Section 34 , The Dowry Prohibition Act,1961 - Section 3 , Section 4 , Section 6
Dowry Death - Acquittal Upheld - On a perusal of the statement ofPW-1, the mother of deceased it is apparent that the monetary gifts given to 'D' and his family members, were in the nature of customary gifts exchanged during different ceremonies -Even the family of 'D', the husband of deceased, had given four tonnes of sugarcane seeds and a bag of jowar to her family, when the family of deceased visited her matrimonial house, on the occasion of the birth of a female child -This return gift by the family of 'D' was also in conformity with the customary tradition for such occasions - Demand of Rs.20,000/- for the purchase of agricultural land was allegedly made when 'D' was in Dubai about two years before the occurrence - Same was too remote to the occurrence and would not satisfy the requirement of "soon before her death" contemplated under Section 304B(1) IPC - Sewing-machine was given to deceased for tailoring clothes was really a gift to her and therefore, cannot be considered as a part of the demand made by 'D' for himself or for his family members - There was no further attribution, as against the respondent - accused nos. 2 to 4 - High Court held to be fully justified in acquitting respondent-accused nos. 2 to 4 for the aforesaid offences.
Topic(s)-Dowry Death - Acquittal Upheld