STATE OF KARNATAKA Vs. GURULINGA

JUDGEMENT

(1.) This appeal is by the State questioning the judgment and order of acquittal dated 30.11.2013 passed in S.C.No.111/2011 on the file of the IV Additional Sessions Judge, Mysuru, acquitting the respondents/accused for the offences punishable under Sections 498(A), 302 read with Section 34 of IPC and Section 4 of Dowry Prohibition Act read with Section 34 of IPC.

(2.) The brief factual matrix that emanates from the records are as under:

(3.) Learned SPP while assailing the correctness of the judgment and order of acquittal passed by the Court below, would vehemently argue that the learned Sessions Judge has failed to appreciate the dying declaration recorded at Ex.P-14. Learned HCGP would vehemently argue that the evidence of PW.13 - Head Constable who recorded the statement of the deceased in presence of the Doctor PW-19, clearly indicates that the victim was conscious and mentally fit to give her statement and this clinching evidence has been totally ignored by the learned Sessions Judge and thereby the findings recorded by the learned Sessions Judge that the dying declaration is not corroborated by material evidence suffers from serious infirmities and hence, warrants interference by this Court. He would also vehemently argue even if there are minor omissions and contradictions in the prosecution case, the same is not fatal and that would not go to the root of the case and the Doctrine of benefit of doubt cannot be extended to the present case on hand. On these set of submissions, he would submit to this Court that the judgment and order of acquittal passed by the learned Sessions Judge is untenable and the same would warrant interference by this Court.