STATE OF KARNATAKA MAHILA POLICE GULBARGA Vs. AYUB

JUDGEMENT

(1.) This appeal is by the State, against the Judgment of Acquittal passed in a Sessions Case No. 35/2006 dated 29-04-2006 on the file of the Presiding Officer, Fast Track Court-V, at Gulbarga, acquitting the accused-respondent for the offences punishable under Section 498-A, 504, 306 IPC.

(2.) The brief facts of the prosecution case giving rise to this appeal are: That, accused- respondent herein married deceased Shamsad Begum five years prior to her death and out of their wedlock, a female child was born; that, as the accused was having illicit relationship with one Sahebbee @ Raisa. the deceased used to object for the said relation and for the said reason, the accused subjected her to mental cruelty, harassment. On the date of incident also, the accused quarreled with the deceased and told her 'to go and die' and thereby abetted her to commit suicide and she committed suicide by pouring kerosene and setting fire herself,

(3.) To substantiate its case, the prosecution, apart from marking the documents Ex.P.1 to P.11 and the material objects Mos.1 to 6, examined 12 witnesses as PWs.1 to 12. On behalf of the accused- respondent, the contradictory portion of the statement of PWs.2 & 6 has been marked as Ex.D.1 to D.3. On appreciation of the oral and documentary evidence on record, the Learned Judge of the Trial Court acquitted the accused-respondent for the charges levelled against him. Challenging the said Judgment of acquittal, the State has preferred the present appeal.