STATE OF KARNATAKA Vs. SHIVU,

JUDGEMENT

(1.) THE State is before this Court assailing the judgment dated 26.03.2013 passed in S.C. No.71/2012. The Court below, after considering the evidence available on record, has arrived at the conclusion that the charge alleged against the accused has not been proved beyond reasonable doubt and has accordingly acquitted the accused.

(2.) HEARD the learned Government Advocate and perused the appeal papers. We have also perused the records received from the Court below.

(3.) THE fact that the deceased is the wife of the accused and that their marriage had been performed about 11 years back is not in dispute. Presently, the crime registered in No.92/2012 against the accused is for the alleged offences under Sections 498A and 307 of the Indian Penal Code. Subsequently, on the death of the wife of the accused viz., Smt. Radha, the allegation of having committed the crime under Section 302 of IPC was also included. The prosecution, in an attempt to bring home the guilt, has examined as many as 17 witnesses as P.Ws.1 to 17. The documents at Exs.P.1 to 22 were marked and M.Os.1 to 3 were also exhibited. A portion of the statement of PW -9 before the Police is marked as Ex.D1.