STATE Vs. ANANDA NAIKA

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal dtd. 21/9/2011 passed by Presiding Officer, Fast Tract Court, Udupi in Sessions Case No.92/2010, wherein the respondents/accused were acquitted for the offences punishable under Ss. 498-A and 306 of Indian Penal Code, 1860,(for short hereinafter referred as ' IPC ') r/w 34 IPC .

(2.) The brief case of the prosecution is that deceased Chandravathi was married to accused No.1 on 25/10/2009. It is further contended that after marriage, deceased went alongwith her husband to Mumbai and immediately after one month, accused No.1 sent her to his native place Aluggelu Mane, Anjar Village, Udupi. She was residing in her husband's house. It is further alleged that accused Nos.2 to 5 also caused cruelty on her by not providing food and not providing her daily expenses. On account of such cruelty, deceased Chandravathi committed suicide between 10.00 p.m. on 20/5/2010 night and 07.15 a.m. on 30/5/2010 by hanging herself to a rafter in the bedroom with the help of a nylon rope in the house of her husband. It is also further alleged that she has written on her left hand that her husband, one Raghu, Tulasi and Chaitra are responsible for her death. In this regard, PW-1 who is the brother of deceased lodged a complaint as per Ex-P1 to the jurisdictional police. Thereafter, the Investigating Officer took up the investigation, conducted spot panchanama and inquest panchanama, recorded the statement of the witnesses and after completing the investigation, filed the charge sheet against the accused for the offences stated above. Thereafter, the learned Sessions Judge framed the charge against the accused.

(3.) In order to prove the charge, the prosecution in all examined 12 witnesses as PW-1 to PW-12 and got marked 22 documents as Exs-P1 to P22 and got identified nine material objects as M.O-1 to M.O-9. Thereafter, the statements of accused as required under Sec. 313 of Cr.P.C were recorded. The accused denied the circumstances appearing against them in the evidence of the prosecution witnesses. The accused has led defence evidence and examined Dr. Mahendra Savanth as DW-1 and got marked totally six documents as Exs-D1 to D6. After hearing the arguments, the learned Sessions Judge acquitted the accused. Hence, this appeal is filed by the State.