A.B. VASU Vs. STATE

JUDGEMENT

(1.) THE judgment and order of conviction dated 28.6.2010 passed by the Principal Sessions Judge, Mandya in Sessions Case No. 48/2009 is called in question by the convicted accused.

(2.) CASE of the prosecution in brief is that the elder sister of the accused, Smt. Jyothi was married to Shankaregowda, who was working as Archak in Shanidevaru temple (hereinafter called as D -1); however, D -1 deserted Smt. Jyothi; consequently Smt. Jyothi had moved the Civil Court and Family Court for appropriate reliefs; number of litigations were pending between the husband and wife; Ramakrishnegowda (hereinafter called as D -2) is the younger brother of D -1; he was working at Bombay. However, he came back to the village about 3 -4 years prior to the incident in question i.e., after quarrel ensued between D -1 and his wife Jyothi. After deserting Jyothi, D -1 had married P.W. 8 -Smt. Bharathi. In that regard, accused being the elder brother of Smt. Jyothi was nursing grouse against D -1.

(3.) THE State has not filed the appeal praying for enhancement of sentence.