STATE OF KARNATAKA Vs. MALLESHNAIKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the State, being aggrieved by the judgment of acquittal dtd. 9/1/2017 in C.C.No.239/2014 on the file of the Court of II Addl. Civil Judge and JMFC, Kadur and its confirmation judgment and order dtd. 5/3/2019 in Crl.A.No.69/2017 on the file of the Court of II Addl. District and Sessions Judge, Chikkamagalur, seeking to set aside the concurrent findings recorded by the Courts below, wherein the respondent/accused was acquitted for the offences punishable under Ss. 504, 324, 498A and 506 of the Indian Penal code (for short 'IPC').

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

(3.) It is the case of the prosecution that, PW1 married the respondent Mallesh Naika on 15/12/2007. The couple had a female child aged about 4 years. It is stated in the complaint that, the respondent herein used to consume alcohol everyday and assaulting PW1 without any reason. Even though, the said fact was brought to the notice of the parents of PW1, they were advising PW1 to adjust and live with the respondent. It is stated in the complaint that, on 9/12/2011, at about 9.30 a.m., the respondent has assaulted the mother of PW1 by using machete and thereafter PW1 started residing in her parents' house. Such being the fact, on 19/12/2013, when PW1 was grazing the cattle in the field, the respondent gone to the said field and asked her to restore the matrimonial tie. When PW1 refused to join the company of the respondent, the respondent tried to take away the Mangalasutra by stating that, when she was not interested to stay with him, she need not have Mangalasuthra and took a wooden stick attached to tomato plantation and assaulted indiscriminately. By that time, she was rescued by the neighbouring land's owner. Thereafter, the respondent stated to have threatened her with dire consequences. Being annoyed by the act of the respondent, PW1 lodged a complaint on 20/12/2013 before the jurisdictional police. Based on the complaint lodged by the complainant, FIR came to be registered against the accused in Crime No.95/2013 for the offences punishable under Ss. 504, 324, 498A and 506 of IPC. After completion of investigation, the jurisdictional police have submitted the charge sheet for the above said offences.