PALANISWAMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant in Criminal Appeal No.266/2007 was arrayed as accused No.1 (hereinafter referred as accused No.1) was tried along with accused Nos.2 & 3 (hereinafter referred as accused Nos.2 & 3) for offences punishable under sections 498A & 306 r/w 34 IPC. Accused No.2 is the mother of accused No.1. Accused No.3 is the younger brother of accused No.1. The learned trial Judge has acquitted accused 2 & 3 of aforestated offences and acquitted accused No.1 of an offence punishable under section 306 IPC. The learned trial Judge convicted accused No.1 for an offence punishable under section 498A IPC. Accused No.1 has filed Criminal Appeal No.266/2007 against his conviction for an offence punishable under section 498A IPC. The State has filed Criminal Appeal No.786/2007 to modify the judgment and convict accused No.1 for an offence punishable under section 306 IPC and convict accused 2 & 3 for offences punishable under sections 498A & 306 r/w 34 IPC.

(2.) I have heard Sri N.T.Premnath, learned counsel for accused and Sri B.Visweswaraiah, learned HCGP for State.

(3.) AT the outset, it is necessary to state certain facts, which are not disputed by either parties.