STATE OF KARNATAKA Vs. RAJANAIKA

JUDGEMENT

(1.) THIS appeal filed under Section 378(1) & (3) of Code of Criminal Procedure by the State is directed against the judgment and order dated 03.12.2009 passed by the Additional Sessions Judge, Chikmagalur in S.C. No. 102/2008, acquitting the respondent -sole accused of the charges leveled against him for the offences punishable under Sections 498A and 302 of Indian Penal Code. During the course of judgment, respondent herein would be referred to as accused, the rank which he held in the Trial Court.

(2.) THE accused was charge sheeted by DYSP Anti -Dowry Cell C.O.D., Bangalore for the offences punishable under Sections 498A & 302 of Indian Penal Code alleging that the accused being the husband of deceased Sheela Bai, subjected her to physical and mental cruelty suspecting her character and in that background, at about 4.00 a.m. on 22.04.2008, while the deceased and the accused were sleeping inside the house in Karadipura Village, the accused intentionally committed murder of his wife Sheela Bai by fisting on her chest and abdomen and suffocating her with a pillow.

(3.) DURING the investigation, the accused surrendered himself before the Court. Thereafter, he was subjected to judicial custody. On completion of investigation, charge sheet came to be laid.