B M UTTAPPA Vs. K U SUMI

JUDGEMENT

(1.) THIS Revision is directed against the judgment in C. C. No. 9/2002 dated 6th September, 2006 on the file of J. M. F. C. , Madikeri confirmed by the Sessions Judge, Kodagu, Madikeri in Criminal Appeal No. 88/2006 dated 25th June, 2007.

(2.) RESPONDENT is the complainant. She filed a complaint for an offence punishable under Section 494, IPC. Her case is that, accused is her husband and the marriage was according to Kodava community custom and under Hindu Mitakshara law. The marriage was solemnized on 2-5-1994. After the marriage, accused started ill-treating her and took all her jewels by promising her that, he would keep them in the bank locker. Within few days thereafter, he left to Saudi Arabia where, he is now working. Every time when she asked him where are the jewels, he informed that they are kept in a locker in Canara Bank, Virajpet. Thereafter, complainant came to know that the accused had sold the jewels clandestinely. The other accused are her mother-in-law, sister-in-law and father-in-law, who were silent spectators to all sorts of illtreatment, both physically and mentally. She also alleged that, the accused husband's atrocities became so open and unassailable. He started going to complainant's office and made her to duck her head in shame on account of his indecent behaviour. Both at the place of work and also at the house, he was threatening her for dowry also. He is a habitual drunkard, he used to return home fully drunk and beat her mercilessly and quite often used to assault her alleging infidelity without any basis. In this regard, she had made a complaint on 26-2-2000 to Sri M. M. Nanaiah, the then Excise Minister, who has referred the matter to the Bangalore Police Commissioner and also to Vyalikaval Police. Accused kept away from her and thereafter, he filed a petition in M. C. No. 9/2000 for restitution of conjugal rights before the Civil Judge (Sr. Dn.), Madikeri, which was pending then. When the said petition was pending, accused got married to one Rekha, daughter of Biddappa at Umamaheshwari Temple, Gonikoppal, Virajpet taluk on 5-3-2001. The marriage reception was held on 22-3-2001 at Mahila Samaj, Ponnampet. Immediately after coming to know of the said marriage, she filed a complaint before the Madikeri Police on 18-3-2001. The Police did not take any action. Being frustrated by the inaction on the part of the Police, she filed a private complaint before the learned Magistrate. Initially she had filed a complaint as against accused No. 1, later on, as per the order dated 15-3-2004, accused Nos. 2 to 6 were impleaded. Insofar as accused Nos. 4 to 6 are concerned, this Court by order dated 29-10-2004 in Criminal Revision Petition No. 758/2004 has quashed the criminal proceedings as against them. The case against accused No. 2 was split. Accused No. 3 is concerned, she has been discharged by the trial Court. By order dated 26-8-2005, the trial was commenced only against accused No. 1.

(3.) COMPLAINANT in support of her case, she examined herself as P. W. 1 and got four witnesses examined as P. Ws. 2 to 5. However, no defence evidence is led by the accused's side. In the evidence of complainant and other witnesses, Exs. P1 to P12 were marked.