K. B. VIRUPAKSHI Vs. GOWRAMMA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of acquittal passed in SC No.131/2010 dated 23.03.2013 on the file of Additional District and Sessions Judge, Chitradurga.

(2.) The brief facts of the case is that; the complainant married accused No.1 on 09.07.2003 at Devasamudra and led happy marital life for about four years. However, after begetting children, his wife developed illicit relationship with accused No.2. Thus, she was not looking after her husband properly. That on 11.03.2000, at about 8.00 p.m., his wife with an intention to commit the murder of her husband i.e., the complainant mixed mercury in the food and supplied the same to her husband as supper. The complainant felt panic and thus, he secured one Vemanna and thereafter, he went to hospital and took treatment. When the complainant was about to give complaint, the villagers advised him to settle the matter in the panchayath. During panchayath, in the presence of panchayathdars, held on 15.03.2010, his wife confessed to have administered poison. Later, he secured his in-laws and brother-in-laws on 21.03.2010 and panchayath was held, in which she neither responded properly, nor heeded to the advise and returned to her parental home along with her children and hence, he lodged the complaint.

(3.) The police based on the complaint registered the case in Crime No.63/2010 for the offence punishable under Section 307 read with Section 34 of Indian Penal Code and the same was registered by P.W.11 and thereafter, investigation was conducted and filed the charge sheet. After filing the charge sheet, the matter was committed to Sessions Court and charges were framed. Both accused did not plead guilty and claims for trial.