STATE OF KARNATAKA Vs. HARISH SHETTIGAR AND ORS

JUDGEMENT

(1.) The State has challenged the judgment and order acquitting the respondents for the charge under Sections 498A and 306 IPC on a trial held by the Sessions Judge, Udupi.

(2.) Sans unnecessary details, the prosecution version, unfolded during the trial is as under: Respondent No.1 is the husband of Bharathi (the deceased) and their marriage was performed on 25.4.1999. The second respondent accused No.2 is the brother of first respondent, whereas PW3 Sudhakara, PW4 Purandara Shettigar and PW5 Yamuna are the brother, father and mother of Bharathi (the deceased). After the marriage, the spouses led a happy married life for about a year. The prosecution claims that, after one year, the respondents were abusing and beating Bharathi and asking her to go to her parental home. It is in these circumstances that on 8.5.2001 at about 9.00 a.m. Bharathi (the deceased) poured kerosene on herself and sustained burn injuries and was shifted to the hospital for treatment. Later she succumbed to the burns. During treatment PW11- PSI recorded her statement as per Ex.P2 and registered FIR as per Ex.P12 and sent the same to the Magistrate. The spot mahazar Ex.P1 was held and the statement of the witnesses were recorded. On the death of Bharathi inquest as per Ex.P8 was held and the body was entrusted for post mortem examination. PW13 Doctor L.L.Josna conducted autopsy as per Ex.P13. On completion of investigation charge sheet came to be filed against the respondents for the aforesaid offences.

(3.) During trial the prosecution examined PWs.1 to 15 and in their evidence got marked Exs.P1 to P13. Statement of the accused were recorded under Section 313 Cr.P.C. No defence evidence was led. The trial court after hearing the counsel for the parties and on appreciation of the material on record acquitted the respondents for charge under Sections 498A and 306 IPC. Aggrieved by the acquittal, the present appeal has been filed.