KANTHARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 18/1/2019 in C.C.No.3980/2011 on the file of the Court of the Principal Civil Judge and J.M.F.C-I at Tumakuru and its confirmation judgment and order dtd. 4/10/2019 in Crl.A.No.2/2019 on the file of the Court of the VI Additional District and Sessions Judge at Tumakuru seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Ss. 498-A of Indian Penal Code (for short ' IPC ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the prosecution that, the complainant married the petitioner as second wife and it is stated in the said complaint that, initially upto five years, both the petitioner and the complainant were living cordially. In the said marriage, the couple had a male child. After she gave birth to the child, she had some health issues. Later on, she was affected due to paralysis, which led her to lose control over her legs, she became incapacitated. The petitioner, due to the said health issues of the complainant, started harassing her and it is stated that, she was being subjected to cruelty and mental torture. It is further stated that, she was being abused in a filthy language and she was thrown out of the matrimonial home. After she was thrown out of the matrimonial home, she started living by running a petty shop for her livelihood. Then also, the petitioner started quarreling and threatened her that he would pour kerosene and lit fire to the shop along with her, if she continued to run petty shop in that area. Unable to tolerate the cruelty and harassment of the petitioner, the complainant has lodged a complaint before the jurisdictional police. The police have registered a case and submitted the charge sheet.