STATE Vs. KALALIAH

JUDGEMENT

(1.) THE material facts of the prosecution case discloses that, one Smt. Girija is the wife of the accused and they were married 15 years prior to the date of the incident. It is the case of the prosecution that, the accused in quarrel assaulted Girija -PW. 1 with reaper on 06.10.2002 at 9.30 a.m. and caused grievous injury like absence of right lower first incisor tooth. P.W. 1 is treated in the hospital on 07.10.2002 at about 4.15 p.m. The complaint is given on 08.10.2002. The accused is charged for committing the offences under Section 498 -A, 326 and 506 of IPC. The trial Court convicted the accused for the said offences. The Sessions Court in an appeal has set aside the conviction and allowed the appeal. Hence, the State is in an appeal. The facts and evidence stated above discloses that, P.W. 1 has supported the case of the prosecution. P.W. 2 is the senior uncle of P.W. 1 and P.W. 3 is the cousin brother of P.W. 1. They immediately go to the scene to rescue the complainant from the assault. P.Ws. 1 to 3 have given evidence. The wound certificate is produced at Ex. P5. The doctor is examined. P.W. 1 in her evidence has stated that, on previous occasion also the accused attempted to set fire by pouring kerosene and she was rescued by some people. There is no complaint lodged in respect of such incident. There is an inordinate delay in lodging the complaint. P.Ws. 2 and 3 are relatives of the victim. The delay is not convincingly explained by the prosecution.

(2.) IN that view of the matter, the order of acquittal is sound and proper. Accordingly, the appeal is dismissed.