MARIMADDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of acquittal dtd. 20/11/2014 passed in S.C. No. 24/2013 by the I Additional District and Sessions Judge, Mandya, acquitting respondent Nos. 2 to 5 - accused Nos. 1 to 4 for offence under Sec. 306 read with Sec. 34 of IPC.

(2.) Factual matrix of the prosecution case is, that the deceased - Mahesha was married to accused No.2 - Latha who is the daughter of accused No. 3 about 2 years back from the date of incident and they were residing in the house of deceased - Mahesha and they were quarrelling with each other and accused No.2 was having illicit relationship with accused No. 1. Accused No. 1 to 4 joined together in furtherance of their common intention and accused No. 2 abused the deceased - Mahesha as impotent and it is better for him to die. Panchayat came to be held before the panchayatdars, namely, P.W.2 to P.W.4 and others and they advised accused No. 2 and inspite of that, accused No. 2 did not stop her illicit relationship with accused No. 1. On 5/4/2012 the deceased - Mahesha was returning from his land and accused No. 1 stopped and abused him in filthy language and threatened the deceased - Mahesha that with the help of accused Nos. 2 to 4 he will kill him and the deceased - Mahesha told the incident to his mother and unbearing the humiliation and torture given by them the deceased - Mahesha committed suicide by hanging himself to a Neem tree in his garden land at about 05.30 pm. A death note was found in his shirt pocket. On receipt of complaint filed by P.W.1 a case came to be registered against the respondent Nos. 2 to 5 - accused Nos. 1 to 4. After investigation charge sheet came to be filed against them for offence under Sec. 306 read with Sec. 34 IPC.

(3.) The prosecution, in order to prove the charge, examined 9 witnesses as P.W.1 to P.W.9 and got marked Ex.P.1 to Ex.P.11 and M.O.1. The accused examined 2 witnesses as D.W.1 and D.W.2 and got marked Ex.D.1. After hearing arguments on both sides, the trial Court formulated points for consideration and acquitted the respondent Nos. 2 to 5 - accused Nos.1 to 4 for offence under Sec. 306 read with Sec. 34 of IPC by the impugned judgment which is challenged in this appeal.