ABDUL HAMEED, S/O. ABDUL JABBAR KHAN SAVANUR, HUBLI Vs. THE STATE BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH DHARWAD

JUDGEMENT

(1.) THE petitioner has challenged his conviction and sentence for the offence punishable under Section 498(A) of Indian Penal Code on a trial held by J.M.F.C., Hubli and confirmed in Criminal Appeal No. 179/2008 by the Sessions Judge, Dharwad. Sans unnecessary details, the prosecution version unfolded during the trial is as under: - The complainant -Asma -P.W. 1 is the wife of the petitioner -the accused before the trial Court. Their marriage took place on 24.11.1985 and through the wedlock, they have a son and a daughter i.e., P.W. 9 -Fahimdanish and P.W. 10 -Fahreenkausar, respectively. On the date of the complaint, both the son and daughter were aged approximately 18 years and 16 years, respectively. Asma -P.W. 1, complained that since from the marriage, she was subjected to mental and physical cruelty at the hands of the petitioner herein, who was insisting her to pay money and asking for the salary that she was earning. She claims that on some occasions for filthy reasons, the petitioner used to beat her and assault her with footwear and boots. Though she informed about this ill treatment to her parents -in -law, they did not advice the petitioner. She complained to her father -P.W. 4 -Dr. Mohinuddin, the Vice Chancellor and he had cautioned the petitioner, both through the letter and in person.

(2.) SHE claims that her husband is a greedy and insisted her to get her half of the property gifted to her by her father (P.W.4) and threatened that in case, if the share is not given that he would divorce. He insisted her to take the loan and when the loan was availed, he did not pay the installments and threatened that he would marry another lady, in case, if she does not discharge the loan amount. In the circumstances, she gave half share in the property gifted to her. He is also said to have suspected the conduct and alleged that she is not mentally well and to that effect, he has complained to the Police also. She explained all her problems to the elders and others and as per their advice, she continued to live with him with the sole purpose of looking after her children. Though she approached Jamat people, she claims that her husband threatened the Jamat people and they therefore did not co -operate in solving the dispute.

(3.) DURING the course of the investigation, the Police held the spot mahazar -Ex. P -2, in the presence of the witnesses, collected the marriage records and other relevant documents. Recorded the statements of the witnesses and on completion of the same, they filed the charge sheet against the petitioner before the J.M.F.C.