MALLAVVA Vs. YALLAPPA KALLAPPA DEVAKKI

JUDGEMENT

(1.) These two appeals are filed by the complainant and the State respectively challenging the Judgment and Order of acquittal passed by the Court of I Additional District and Sessions Judge, Dharwar sitting at Hubballi in Sessions Case No.128 of 2012, acquitting the accused for the of fences punishable under Sections 498A and 302 of I.P.C and under Section 3 of Dowry Prohibition Act.

(2.) We have heard Shri V.S.Kalsurmath, learned H.C.G.P. for appellant-State, Shri J.S.Shetty for the appellant/complainant and Shri G.I.Gachchinamath, for the respondent/accused.

(3.) The brief facts of the case are, complainant-Mallavva is the younger sister of Smt.Laxmi who is the "deceased" in the present case. Smt.Mallavva filed a report on 24.05.2012 at about 18:30 hours stating that her sister-Laxmi was married to accused about 14 years ago and from the wedlock the couple had a son and daughter. The accused was harassing Laxmi on petty issues and he was also suspecting her. He was physically and mentally ill-treating her and used to say if she died, he would re-marry. Laxmi had disclosed about the illtreatment meted on her by the accused to her mother and relatives.