MANJULA Vs. B.RAMANJINEYA

JUDGEMENT

(1.) Victim has preferred this appeal against the judgment of acquittal dtd. 10/3/2023 passed in SC No.25 of 2017 by the file of II Additional District and Sessions Judge, Bellary (for short hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status before the trial Court.

(3.) Facts leading to this appeal are that the Inspector of Police Bruce Pet Police Station, filed charge-sheet against the accused or the offence punishable under Ss. 302, 201 and 212 read with Sec. 34 of the Indian Penal Code. It is the case of the prosecution that the complainant got married to Manjunatha Gowda about 14 years back and she was recsiding with her husband. After five years, they shifted to Mariswamy Mutt, Bellary, and since nine years they were residing in the above address and they are issueless. It is stated that the husband of complainant was into finance business and he had sustained loss in the said business. Therefore, he had addicted to vices and had also become alcoholic. When questioned by the complainant in this regard, he used to pick up quarrel with her. On 30/11/2006 at about 12:30 PM when the complainant was in the House of Basavaraj, brother-in-law of the complainant had telephoned her and informed that her husband is in serious condition and asked her to come near Nataraj talkies and immediately she went to the said place which is near Prathiba Wine Shop and found her husband's dead body with bleeding injuries. Therefore, she lodged complaint with the police for taking necessary action against accused in accordance with law. It is alleged that accused are guilty of having committed the offence punishable under Ss. 302, 201, 212, read with Sec. 34 of Indian penal code.