STATE Vs. SIDDESHAPPA

JUDGEMENT

(1.) THE judgment and order of acquittal, dated 9.11.2010, passed by the Fast Tract Court -II, Shimoga, in S.C. No. 83/2010 is appealed against by the State.

(2.) CASE of the prosecution in brief is that respondent -sole accused is the husband of the complainant (P.W. 1) Smt. Dakshayanamma; a male child (Shivu) was born out the said wedlock; there used to be frequent quarrels between the complainant and the accused, inasmuch as accused used to suspect the fidelity of his wife -P.W. 1; during the interregnum, complainant -P.W. 1 came to know that the accused had married another lady even prior to his marriage with P.W. 1; however, no issue was born out the said first wedlock of the accused with another lady; the first wife of the accused was living in a different village; the first wife of accused also used to visit the matrimonial house of the complainant and in that regard there used to be quarrels between the complainant and the accused.

(3.) IN order to prove its case, the prosecution in all has examined 17 witnesses and got marked 12 Exhibits and 2 Material Objects. On behalf of the defence, no evidence is let in. The trial Court on evaluation of the material on record acquitted the accused by giving benefit of doubt in his favour.