STATE BY HALSUR GATE POLICE Vs. SHIVAKUMAR

JUDGEMENT

(1.) The State has challenged the judgment and order acquitting the respondents for the charge punishable under Section 341, 504, 354, 509 and 506 read with Section 34 of Indian Penal Code on a trial by the CMM.

(2.) The respondent no. 2 is the sister of respondent no. 1. PW-1 Susheelamma is the wife of the 1st respondent. As the relation between PW-1 and husband was strained, the respondents were prosecuted in Sessions Case No. 14/2004 for the offence punishable under Section 498(A) and 307 of Indian Penal Code the case was made over to a Fast Track Court No.4.

(3.) On 22.03.2005 at about 1.45 p.m., the prosecution alleges that in the corridor of Fast Track Courts No. 2 and 3, when PW-1 and 2 had come to give evidence in the sessions case, the respondents said to have wrongfully restrained PW-1 and 2 and abused in filthy language. The respondents said to have caught hold the hairs of the complainant and dragged her in the corridor with an intention to dishonour PW-1 Susheelamma and the respondent no.2 is said to have attempted to assault PW-2 with the slipper and in the circumstance PW-1 Susheelamma on instruction approached the Presiding Officer, filed a complaint for the aforesaid offences. During the investigation, the police held the spot mahazar and recorded the statements of the witnesses and on completion of the investigation, charge sheet was filed.