STATE OF KARNATAKA Vs. VELAYUDHAN AND ORS.

JUDGEMENT

(1.) The State is before this court by way of preferring an appeal against the judgment of acquittal passed by the Presiding Officer, Fast Track Court (Sessions)-XI, Bengaluru, in Criminal Appeal No.55/2010 dated 30.07.2010, for the offence punishable under section 498-A of IPC.

(2.) The brief factual matrix of the case are that:

(3.) Before the trial Court, the prosecution has examined as many as 6 witnesses as PWs.1 to 6 and got marked Exhibits P-1 to P-7. After hearing both the sides, the trial Court has come to the conclusion that the prosecution has proved the case against the accused Nos.1 & 2 for the offence punishable under section 498-A of IPC only and it virtually acquitted accused persons for the offence punishable under sections 3 & 4 of Dowry Prohibition Act, 1961. The trial Court has in fact observed that there is no material available against the accused person with respect to dowry demand at the time of marriage or prior to the marriage or after the marriage between accused No.1 and the complainant PW-1 Preetha. The trial court has convicted the respondents for the offence punishable under section 498-A of IPC on the ground that, otherwise than the demand of dowry, there was some ill-treatment and harassment by the respondents herein and particularly respondent No.1 has assaulted the victim on various occasions and abused her with filthy language in connection with their relationship as husband and wife and this was being informed by PW-1 to her parents. The parents have also supported the case of their daughter to some extent. They have also deposed that, after 2005 the relationship between husband and wife was strained and the respondent No.1 has ill-treated and harassed the victim. Therefore, relying upon the evidence of PW-1 extensively and also the evidence of PWs.2 & 3 who are the close relatives of the victim lady, the trial Court has recorded the judgment of conviction and sentenced the respondents for the offence punishable under section 498-A of IPC.