STATE BY AJJAMPURA P.S. Vs. VIJAYKUMAR @ SHADAKSHARI

JUDGEMENT

(1.) THE learned trial judge has acquitted the respondents (accused) of offences punishable under Sections 498 -A, 306 r/w 34 IPC and also for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act. Therefore, the State has filed this appeal. I have heard learned Government Advocate for the State and Sri. A.H. Bhagavan, learned counsel for accused.

(2.) ON hearing learned counsel for parties and after going through evidence, I find that the prosecution has adduced evidence that, after the deceased (wife of accused No. 1) gave birth to a child and came back to the house of accused after the period of confinement, accused were not providing milk to the child aged about 7 months. They were also not providing food to the deceased. In that way, the deceased and her child were starving. In order to tied over the situation, the deceased had brought a Sewing machine from her parental house.

(3.) IN a decision reported in, 1999 Cri.L.J. 2632 (in the case of Deputy Superintendent of Police, Railway, Hubli v. Dasharath, S/o. Marthandappa Malge and Others) a Division Bench of this court has held: