STATE OF KARNATAKA Vs. SATHISH KHARVI

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal rendered by the trial Court in S.C.No.05/2014 dtd. 4/2/2016 acquitting the accused for the offences punishable under Ss. 302 and 201 of IPC, 1860. In this appeal, State / appellant seeks to consider the grounds urged and to set aside the judgment of acquittal rendered by the Trial Court for the aforesaid offences and thereby to convict the accused for the offences punishable under Ss. 302 and 201 of IPC, 1860.

(2.) Heard learned Addl.SPP for the State and learned counsel Sri. P.B Umesh for the respondent/accused. Perused the judgment of acquittal in S.C.No.05/2014.

(3.) Factual matrix of the appeal is as under: The deceased - Mangala was wife of G.T Nagaraj who is arraigned as CW-8 and she was residing with her husband at Manganese road, Tarimane locality of Gangolli Village, Kundapura Taluk. Deceased - Mangala got married with G.T.Nagaraj and the said couples did not had any issues. Deceased - Mangala was working as a maid servant in Konkani house. The accused - Sathish Kharvi is brother of CW.8 - G.T.Nagaraj and deceased - Mangala becomes sister-in-law to the accused. The accused was residing nearby the deceased house. Deceased - Mangala had a habit of visiting house of the accused - Sathish Kharvi who is none other than her brother-in-law. She was frequently visiting his house and then illicit relationship was developed between them. This relationship between the accused and deceased had became very close and ultimately they developed physical contact. In the meanwhile of this kind of physical contact between the accused and deceased, marriage of accused - Sathish Kharvi was to be settled with some other girl. When deceased - Mangala heard about the marriage of the accused she insisted him to continue their illicit relationship ever after his marriage with some other girl. When accused - Sathish Kharvi resisted for the same, she started threatening the accused that she would inform the girl with whom he was engaged for marriage about their illicit relationship and forced him to continue physical contact with her.