NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned State Public prosecutor.

(2.) THE present appellant was arraigned as accused no.1 before the trial court on the basis of a complaint by his fatherin - law in the following background:

(3.) THE learned counsel for the appellant would contend that the appellant was guilty of the offence punishable under Section 498A of the IPC, only on the basis of the statements of PWs.3, 4, 7 and 14. It was also inexplicably held by the court below that the statements of those witnesses were not in consonance with the case of the prosecution. In that, the statements of the said witnesses did not anywhere indicate that there was a threat by the appellant of contracting a second marriage even during the subsistence of the marriage with Bhagya, on the ground that she was unable to beget a male child. However, in the course of their testimony before the court, the witnesses have sought to emphasize further allegations only in order to sustain a false case against the appellant and was clearly an improvement, which has caused a serious prejudice to the accused.