STATE Vs. TANAJI

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the judgment dated 26.05.2010 passed by the Presiding Officer FTC -I Bidar, in Sessions Case No.111/2008 acquitting the respondent/accused of the offences under section 498 -A, 504 and 302 of IPC.

(2.) IT is the case of the prosecution that the respondent/accused is the husband of the deceased Asha; their marriage took place on 21.05.2005 and that they led matrimonial life for about three years. It is the further case of the prosecution that on 12.03.2008 at about 8:00 a.m. the deceased sustained burn injuries and thereafter she was taken to the District Hospital, Bidar and was admitted. On 20.03.2008, PW.7, who is the brother of deceased came to the hospital, he went and informed to the jurisdictional police regarding admission of his sister in the hospital and thereafter police came to the hospital, recorded the statement of the injured -Asha as per Ex.P -20. Based on the said information a case in Crime No.21/2008 is registered for the offences under Section 498 -A, 504 and 307 of IPC and subsequently investigation was conducted. After completion of investigation, charge sheet came to be filed for offence under Section 498 -A, 504 and 302 of IPC since the injured Asha died on 25.3.2008 while taking treatment.

(3.) DURING the trial, the prosecution has examined as many as 26 witnesses and got marked Exs.P1 to P20 and produced MOs.1 to 5. The defence of the accused was one of total denial. He has got examined 3 witnesses -DWs.1 to 3 contending that on the date of incident, he was working in the field of one Vinayakrao, who is examined as DW.1.