CHINNASWAMY Vs. STATE BY NANJANGUD RURAL POLICE

JUDGEMENT

(1.) The appellants in both these appeals were arrayed as accused in Crime No.203/2009 with Respondent Police Station for the offences punishable under Sections 498-A and 304-B r/w. Section 34 of Indian Penal Code, 1860, (hereinafter referred to as "IPC" for brevity) and under Sections 3 and 4 of Dowry Prohibition Act, 1961 (hereinafter called as "D.P.Act" for brevity).

(2.) However, during the course of investigation, since some of the accused were shown as absconding, a split-up charge sheet was filed against them. However, in the charge sheet, the offences alleged against all the accused were punishable under Sections 498-A, 304-B, in the alternative Section 306 r/w. Section 34 of IPC and under Sections 3, 4 and 6 of D.P. Act.

(3.) All the five accused have faced trial in the Court of learned V Additional District and Sessions Judge at Mysore (hereinafter referred to as "Trial Court" for brevity). With respect to all the offences for which the charge sheet was filed against them, accused No.1 was tried in Sessions Case No.281/2009, accused Nos.3 and 4 were tried in Sessions Case No.106/2010, however, these two Sessions Cases were clubbed together and a common trial was held, where in order to prove the allegations against the accused, the prosecution examined 19 witnesses from PW1 to PW19; and got marked documents from Exs.P1 to P22 and Material Objects from MO1 to MO8. From the accused' side, Exs.D1 to D4 were marked and no witness was examined. The other two accused i.e. accused Nos.2 and 5 were tried in Sessions Case No.61/2011 where, in order to prove the guilt of the accused, the prosecution has examined 20 witnesses from PW1 to PW20; got marked documents from Exs.P1 to P25(a) and Material Objects from MO1 to MO8. From the accused' side, no witness was examined, however, Exs.D1 to D10 were got marked.