SADANANDA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner who was tried by the Court of J.M.F.C. (III Court), Mangalore, D.K.,(hereinafter for brevity referred to as the "Trial Court") in C.C.No.5099/2007 for the offences punishable under Sections 498(A) and 504 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "IPC") was convicted for the offence punishable under Section 498A of IPC vide its judgment dated 24-04-2009 and it sentenced him accordingly. Challenging the said judgment of conviction and order on sentence, the accused preferred a criminal appeal in Criminal Appeal No.246/2009 in the Court of the learned Principal Sessions Judge, Dakshina Kannada, Mangalore (hereinafter for brevity referred to as the "Sessions Judge's Court") which also by its judgment dated 29-03-2011, while dismissing the appeal, confirmed the judgment of conviction and order on sentence passed by the Trial Court. Aggrieved by the same, the accused has preferred this revision petition.

(2.) The summary of the case of the prosecution in the Trial Court was that, the complainant one Smt. Shobha, a resident of Shivanagar, Kodakal, Alape Village, Mangalore Taluk, claims that she was married to the accused on 03-02-2006. Though at the time of her marriage, she was working in a private hospital at Mangaluru, however, due to the pressure by her husband, she left the job. Some time after her marriage, the accused started complaining that she was not good to look at and that he would undergo another marriage. Thus he started subjecting her to mental cruelty. On 16-05-2007, while she was at home, at about 5:00 p.m., the accused went there, abused her in filthy language and challenged her to take any action if she has got guts and that he would be undergoing a second marriage. The complainant has further stated that, thereafter she learnt that he had undergone another marriage. With that, she filed a complaint with the respondent Police on the next day, i.e. on 17-05-2005.

(3.) After investigation, a charge sheet was filed against the accused for the offences punishable under Sections 498A and 504 of IPC. Since the accused pleaded not guilty, a trial was held where the prosecution, in order to prove its case, examined eight witnesses from PW-1 to PW-8 and got marked documents from Exs.P-1 to P-11(a). From the accused' side, no evidence was led except marking two documents at Exs.D-1 and D-2.