NAGAWWA YALLAPPA THARKAR Vs. BASAPPA YALLAPPA UPPAR

JUDGEMENT

(1.) This appeal is filed under Section 372 of Cr.P.C., by the appellant-complainant against the judgment dated 28.05.2012 passed by the Presiding Officer, Fast Track Court-IV, Belgaum in Sessions Case No.23/2012 whereby the learned Sessions Judge acquitted the accused for the offences punishable under Sections 143, 147 and 306 read with Section 149 of IPC.

(2.) For the sake of convenience, parties herein are referred with original ranks occupied by them before the Court below.

(3.) The brief factual matrix leading to the case is that the complainant-Smt.Nagawwa lodged a complaint by setting the law into motion. That the deceased-Kamalawwa is the daughter of the complainant and she had deserted her husband and as such, she was residing in the house of the complainant. That accused No.11 used to frequently visit the house of the complainant and expressed his love towards deceased-Kamalawwa in the year 2008. He intended to marry her and hence, he brought accused No.1 to 10 for marriage negotiations. However, accused No.1 to 10 objected for performance of marriage of the deceased with accused No.11 on the ground that deceased- Kamalawwa in relation she will become an aunt to accused No.11 and they are within the prohibited degrees. As such, the deceased was mentally disturbed and it is alleged that in between 03.12.2010 to 05.12.2010 she committed suicide by jumping in well situated in Survey No.337/1 of Hukkeri. Later on, complainant has also traced a notebook containing the alleged death note and therefore, she lodged a complaint. It is also important to note here that on 03.12.2010 itself the father of deceased-Kamallawwa had lodged a missing complaint as per Ex.P16 in Crime No.212/2010. But after noticing the subsequent events and tracing of dead body of the deceased, on 16.06.2011 the mother of the deceased filed a complaint as per Ex.P7, which came to be registered in Crime No.92/2011. On the same day, FIR came to be issued as per Ex.P30 and after investigation, it culminated into submission of charge sheet on 01.08.2011. The accused No.1 to 11 have been prosecuted on the allegations that they have abetted the deceased in committing suicide and the learned Magistrate took cognizance of the offences and later on the accused were enlarged on bail and matter came to be committed to the Sessions Court. Then the learned Sessions Judge secured the accused and accusation was read over and explained and the accused denied the accusations. Then the prosecution examined in all 21 witnesses as PW1 to PW21 and relied on 38 documents, marked at Ex.P1 to Ex.P38 along with material objections marked at M.O.1 to M.O.10. Then the statement of accused under Section 313 of Cr.P.C., was recorded to enable the accused to explain the incriminating evidence appearing against them in the case of the prosecution and the case of the accused is of total denial. However, accused have got marked Ex.D1 during the course of cross-examination. After having heard the arguments and perusing the material evidence on record, the learned Sessions Judge acquitted the accused of the charges leveled against them by judgment dated 28.05.2012. Being aggrieved by this judgment of acquittal, the appellant-complainant filed this appeal with the leave of the Court under Section 372 of Cr.P.C.