STATE Vs. JAYAPALA AND ORS

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and order dated 18.06.2005 passed by the Presiding Officer, Fast Track Court No.IV, Tumkur, in Sessions Case No.175/2001, acquitting the respondent accused of the charges levelled against him for the offences punishable under Sections 498-A and 306 of the Indian Penal Code.

(2.) The respondent is the husband of the deceased Indrani, daughter of P.W.1 Lakshminaryana and P.W.6 Alumelamma. Their marriage was solemnized on 13.08.1999. After the marriage, she joined her husband and started residing with him in Sira town, while she was working in Turuvekere as an Assistant Agriculture Officer. She committed suicide on 05.03.2000 by consuming organo phosphorous insecticide in the matrimonial home.

(3.) On committal of the case, respondent accused appeared before the learned Sessions Judge and pleaded not guilty for the charges levelled against him and claimed to be tried. The prosecution in order to bring home the guilt of the accused, for the charges, examined P.W.1 to P.W.14 and placed reliance on documentary evidence marked as Ex.P-1 to Ex.P-10 and also M.O.1 and M.O.2. During his examination under Sec. 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing against him. However, he did not choose to lead any defence evidence. At the time of the examination under Sec. 313 of the Code of Criminal Procedure, he produced several documents along with a memo in support of his defence. The defence of the accused was that at no point of time, he subjected the deceased to any kind of cruelty or harassment.