STATE OF KARNATAKA Vs. LAKSHMANNA

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the Judgment dated 29.3.2007 passed by the Fast Track Court -II at Kolar in S.C. No. 176/2006, acquitting the respondent/accused for the offences under Sections 498A and 302 of IPC. The parties in this appeal are referred as per their rank before the trial Court.

(2.) IT is the case of the prosecution that the accused being the husband of the deceased Parvathamma, had married the deceased 10 years prior to the date of incident and subsequent to the marriage of the deceased Parvathamma, when he was residing with her at Sanakamavarapalli Village in Srinivasapur Taluk, he was ill treating her on the ground that she was not giving any money for his drinking, thereby he is alleged to have committed an offence under Section 498A of IPC.

(3.) THE prosecution in order to prove the case has examined in all 20 witnesses and got marked Exs.P1 to P20 and produced Mos.1 to 7. The defence of accused was one of total denial. However, after hearing the prosecution and the defence, the learned Sessions Judge was pleased to hold that the prosecution has not proved against the accused beyond reasonable doubt and passed an order of acquittal. Hence, the State has filed this appeal.