STATE OF KARNATAKA Vs. M.H. SURESHA

JUDGEMENT

(1.) THE judgment dated 7th March 2007, passed by the Presiding Officer, FTC -V, Mysore, in S.C. Nos. 44/2005 and 117/2005 is the subject matter of both these appeals.

(2.) CRL . A. No. 1207/2007 is filed by the State challenging the acquittal of accused No. 1 for the offence punishable under section 302 of IPC, whereas, Crl. A. No. 626/2007 is filed by accused No. 1, questioning the judgment and order of conviction for the offences punishable under sections 498 -A and 306 of IPC. Since both the appeals arise out of the same judgment, they are taken up for final hearing together and are decided by this common judgment.

(3.) SHRI Tomy Sebastian, learned Senior Advocate appearing on behalf of the accused submitted that the trial court is justified in acquitting the accused for the offence under section 306 & 498A of IPC; this is not a fit case to convict the accused under section 302 of IPC. There is a vital insertion in Ex. P5 and if the said insertion is removed from consideration, the case definitely falls under section 306 of IPC and not under section 302 of IPC. He further submits that the prosecution has tried to improve its case from time to time.