STATE OF KARNATAKA Vs. H KOROJI NAIK

JUDGEMENT

(1.) This Criminal appeal is preferred by the State against the judgment dated 13-9 -1990 passed by the Sessions Judge, Chitradurga in S.C. No. 31/89 acquitting the respondents-accused of the offences punishable under Ss. 498A, 302 read with S. 34 of IPC.

(2.) We have heard the learned Additional S.P.P. Sri Jadhav, for appellant and Sri Srinivasan, learned counsel for the respondents fully and perused the records of the case.

(3.) The case of the prosecution is that deceased Jayamma alias Megibai was the wife of accused No. 1, Kiroji Naika, who is the son of accused No. 2 Hala Naika and accused No. 7. Hemli Bai. A3 Raju, A4 Limbya Naika and A5 Murthy Naika are the other sons of A2 Hala Naika. A6 Duggi Bai is the daughter of A2. PW-1 and PW-6 are brothers. PW-2 Hali Bai is their mother. The marriage of Jayamma alias Magibai was performed with A 1 Kiroji Naika on 16- 6-1982. At the time of marriage, A1 was an unem ployed B.Com., graduate. For about 3 years after the marriage A1 Kiroji Naika and his wife Jayamma were leading a happy married life. Subsequently Kiroji Naika, A1 got appointment in Corporation Bank at Belgaum and he took his wife deceased Jayamma and lived with her there. He worked at Belgaum from April, 198 4/09/1986. Subsequently, he got himself transferred to Davangere. When he was transferred to Davangere, he made his wife Jayamma stay in Alurhatti and he was daily travelling to Divangere to attend his work in the Bank. PW-1 Shekara Naika and PW-2 Kalibai sold two acres of land and performed the marriage of Jayamma with A1 Kiroji Naika by spending Rs. 2,000.00. At the time of marriage, they had promised to give jumuki to Jayamma. After A 1 was trans ferred to Davangere he started ill-treating his wife Jayamma pressurising her to bring the promised jumuki from her parents. Jayamma informed this fact to his brothers and mother and her brothers told her that they had no money and they will give the jumuki at future date. But the illtreatment of deceased Jayamma at the hands of A 1 continued. 3 -4 panchayats were convened by PW-1 and 2. In that Panchayats, P.W. 3 Parameshi Naika, CW-7 Roopla Naika, CW-8 Poojari Sakra Naika and CW-10 Siddanaika participated as panchayatidars and they advised A1 not to treat Jayamma cruelly. In the second panchayat, P.W. 1 and his mother assured that they will give jumuki by adjusting the amount. But in spite of the advice of Panchayatdars A1 continued his illtreatment of his wife at intervals of every 15 days time. PW-1 and 2 sold one acre of land and paid Rs. 900.00 to A 1 Kiroji Naika towards Jumuki in the presence of Panchayatdars. Even after the payment of Rs. 900.00 A1 continued illtreating his wife stating that he would have got Rs. 30,000 to 40,000/- if he had married any other girl and that he missed that opportunity by marrying her. He was also threatening her to take a second wife. On one occasion, A1 Kiroji Naika assaulted her and as a result Jayamma's left hand was fractured. But no complaint was given so as to not to create problems for Kiroji Naika in his service. On another occasion, PW-1 and 2 and Jayamma went to Davangere to lodge a complaint with the police. When Jayamma was sitting in the court compound PW-8 Nagendra Naika met her. At the request of Jayamma, he wrote the complaint and gave the same to Jayamma instruct ing her to obtain xerox copy before giving the original complaint to the police. But on that day, they returned to Alur Hatti without giving the com plaint to the police. On the next day PW-1 and Jayamma went to Davangere to give the complaint. A 1 Kiroji Naika met them, took the complaint from the hands of his wife and torn of the same. The illtreatment of Jayamma at the hands of A1 contin ued. On the night of 11-1-1989 when PW-1 and his mother were in their house CW-19 Chandra Naika came to their house and informed them that Jayamma was dead. PW-1 and 2 went near the house of the deceased and found the dead body of Jayamma kept on the pial in front of their house. PW-1 also noticed that the deceased had vomitted and it was emitting bad smell. PW-1 and 2 returned to their house, during the same night and P.W. 1 got written the complaint by a boy, who was passing in front of his house and he went to Davangere on a cycle during the same night and on 12-1-1989 at about 8-00 a.m. he gave a complaint to PW-17, the Sub-Inspector of Davangere Rural Police Station, who registered a case in Cr. No. 25/89 for the offences punishable under S. 302 read with S. 34, IPC, police started investigation and after completion of the investiga tion, they filed charge-sheet against all the accused.