THE STATE OF KARNATAKA Vs. KRISHNA U. SETU

JUDGEMENT

(1.) THE judgment and order of acquittal dated 27.03.2012 passed by the Fast Track Court at KGF in Sessions Case No. 185/2011 is called in question in this appeal by the State. By the impugned judgment, the Trial Court has acquitted the accused of the offences punishable under Section 304B, 302 and 201 of IPC.

(2.) CASE of the prosecution in brief is that the respondent -accused is the husband of deceased Asha (aged about 23 years) and father of deceased Suryaprakash (aged about 3 years); their marriage was performed on 11.12.2006 and out of the said wedlock, Suryaprakash was born; after the marriage they lived happily for about 7 to 8 months; thereafter, accused started suspecting fidelity of deceased Asha, consequently, started torturing her both physically and mentally; about one year prior to the incident in question, the parents of the deceased Asha hired a house in their village and allowed the accused alongwith deceased Asha and child Suryaprakash to live in the said house at Pasaladoddi Village, Andhra Pradesh State; however, the harassment of the accused against deceased Asha continued even in the village of the parents of the deceased; the parents of the deceased had purchased a house spending a sum of Rs. 25,000/ - for the purpose of accused and the deceased; the married couple started living in the said house; however, the harassment of the accused continued despite repeated requests by the parents of the deceased, the accused did not mend his conduct; being intolerant of such harassment, deceased Asha had consumed poison and hence she was admitted to Kuppam Medical College Hospital for treatment; parents of the deceased had spent about Rs. 20,000/ - for the treatment of the deceased Asha at an earlier point of time; after recovery Smt. Asha was back to the Mardaghatta Village along with the accused and Suryaprakash and started living at Mardaghatta Village i.e., village of the accused; since six months prior to the incident in question, the accused started pressurizing her to bring a sum of Rs. 20,000/ - from her parental place, but such demand by the accused was not met by the parents of the deceased.

(3.) SRI Vijayakumar Majage, learned Addl. SPP taking us through the entire material on record submits that absolutely there is no valid reason for coming to such conclusion; the Trial Court has merely narrated the evidence of the witnesses and thereafter, has come to the conclusion abruptly; the medical evidence on record clearly reveals that it is the case of strangulation and thereafter burning with the help of kerosene. Thus, according to him, the accused ought to have been convicted for the offence punishable under Section 302 of IPC.