STATE OF KARNATAKA Vs. VINAY ALIAS VIJAY SIRIGERE

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378 (1) and (3) of Cr.P.C. challenging the judgment dated 19.12.2012 made in S.C. No.84/2008 on the file of Sessions Judge at Davanagere, in so far as acquitting the respondent No.1 accused No.1 for the offences punishable under Sections 307, 506 of IPC and acquitting the respondent Nos.2 to 5 for the offence punishable under Section 498 -A of IPC.

(2.) LEARNED State Public Prosecutor submits that the respondents faced trial for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act and under Sections 498 -A, 506, 307 of IPC and the prosecution has got examined in all 12 witnesses and got marked 43 documents. He further submits that the accused No.1 threatened, ill -treated for dowry and attempted to kill PW -1 by pushing her out of a moving car and the same was proved in evidence. But the trial court erred in acquitting the respondent Nos. 1 to 5 for the offence punishable under Sections 307 and 506 of IPC and further erred in acquitting the respondent Nos.2 to 5 for the offence punishable under Section 498 -A of IPC.

(3.) LEARNED counsel appearing for the respondents No.1 to 5 submits that a false case was foisted against respondents and in M.C. No.40/2008 on the file of the Family court at Davanagere both the parties have mutually withdrew their allegations and counter allegations and the marriage was dissolved. There is no prima facie case made out by the prosecution for the offences punishable under Sections 506 and 307 of IPC.