SATISH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave is directed against judgment and order dated 13.09.2007 passed by a Division Bench of High Court of Karnataka at Bangalore in Criminal Appeal No. 1409 of 2000 preferred by the State against judgment dated 16.09.2000 by First Additional Sessions Judge, D.K. Mangalore in SC No. 150/94 whereby the appellant and both his parents were acquitted for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act and under Sections 498-A and 304-B of the Indian Penal Code (IPC).

(2.) Learned senior counsel Mr. P. Vishwanatha Shetty appearing for the appellant has raised three main contentions to assail the judgment and order under appeal. According to him, the judgment and order of acquittal was not a perverse judgment and required no interference by the High Court. Secondly, it is contended that in absence of any charge framed under Section 306 of IPC by the trial court the High Court should not have convicted the appellant under that Section. Lastly but not the least, is the contention that there is no evidence on record to justify the conviction of the appellant by the High Court for any of the charges.

(3.) Mr. V. N. Raghupathy learned counsel for the respondent has, on the other hand, strenuously refuted all the aforesaid three submissions and has placed reliance on the relevant materials on record as well as the discussions made by the High Court in the impugned order to fully support that judgment and order reversing the acquittal of the appellant to the extent indicated above.