MALLIKARJUNA Vs. VASANTHA

JUDGEMENT

(1.) Crl.A.No.1140/2016 has been preferred by the appellant namely Mallikarjuna S/o. Shankarappa who was the Prosecuting Witness before the Trial Court, challenging the judgment rendered by the Trial Court in S.C.No.55/2014 dtd. 10/2/2016 acquitting the accused for offences punishable under Ss. 498A, 304B, 302 read with Sec. 34 of the IPC, 1860 besides Ss. 3 and 4 of the DP Act, 1961.

(2.) The appeal in Crl.A.No.1677/2016 has been preferred by the appellant / State challenging the aforesaid acquittal judgment in S.C.No.55/2014 for the offences stated supra. But both these appeals have been filed challenging the acquittal judgment rendered by the Trial Court seeking consideration of the grounds urged in these appeals respectively, and seeking to set aside the acquittal judgment rendered by the Trial Court in S.C.No.55/2014 dtd. 10/2/2016 and to convict the accused for the aforesaid offences which were leveled against the accused persons.

(3.) Heard the learned Senior Counsel Shri H.N. Shashidhara for the appellant in Crl.A.No.1140/2016 who is representing the counsel Smt. B.A. Sujatha who is on record and so also the learned HCGP for the appellant / State Smt. K.P. Yashodha in Crl.A.No.1677/2016 and so also the learned counsel Shri Umesh P.B. for Respondent Nos.2 and 3 in both these appeals and so also the learned HCGP for Respondent No.4 in Crl.A.No.1140/2016. Perused the impugned judgment of acquittal rendered by the Trial Court in S.C.No.55/2014 dtd. 10/2/2016 consisting of the evidence of PW-1 to PW-15 and so also the documents at Exhibits P1 to P24 inclusive of MO-1 to MO-9 and so also the evidence of DW-1 Dr. Shivakumar and contradictory statement of PW-1 marked at Exhibit D1.