CHELUVA @ SELVAM Vs. STATE

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused') was tried for offences punishable under sections 498A & 302 IPC. The learned trial Judge has acquitted accused of an offence punishable under section 302 IPC and convicted him for an offence punishable under section 498A IPC and sentenced him to undergo simple imprisonment for two years and pay fine of Rs. 2,000/ -, in default to undergo simple imprisonment for six months. Therefore, accused is before this court. I have heard Sri Mohd. Usman Shaikh, learned counsel for accused and Sri B. Visweswaraiah, learned HCGP for State.

(2.) THE State has not filed an appeal against judgment of acquittal of accused of an offence punishable under section 302 IPC. Therefore, the following points would arise for determination: -

(3.) IT is not in dispute and cannot be disputed that accused and deceased Chandrakala had fallen in love and their marriage was performed in the year 1998. PW1 -Indrani is the mother of deceased. PW2 -Ramesh Kumar is the elder brother of deceased. PW3 -Balamma is the younger sister of deceased. PW4 -Lakshmamma, PW5 -Vijayamma, PW6 -Ramanna and PW7 -Rakesh are the neighbours of PW1 and they have not supported the case of prosecution and they have been treated as hostile witnesses. Therefore, proof of charge framed against: accused rests upon the evidence of the mother, elder brother and younger sister of deceased.