STATE OF KARNATAKA Vs. ARUN GANAPATI NAIK

JUDGEMENT

(1.) This appeal is preferred by the State against the judgment of acquittal passed in S.C.No.64/2011 on the f i le of Principal District and Sessions Judge, U.K. Karwar, dated 08.07.2017.

(2.) Brief facts of this case are that the complainant Shashikala was married to accused. They led marital l ife for some time. Thereafter the accused contracted second marriage. The al legation of the complainant is that after second marriage, accused started quarreling with her. Since from ten years from the date of incident, the complainant was residing separately. The accused was coming to the house of complainant and he was insisting the complainant for money. On the date of incident, i.e., on 26.07.2010 at about 8.30 p.m., the accused came to the house of the complainant and demanded money. When she refused to give money and she told him that if he continues torturing, she wi ll die. The accused also told her to die so that he can l ive happi ly with his second wife. Therefore, on account of the act of the accused, the complainant poured kerosene on herself and set her ablaze. Therefore, she sustained burn injuries. The injured was taken to hospital for treatment. On 27.12.2010, the statement of the complainant was recorded by the pol ice at 00.10 hours in the Government Hospital at Bhatkal. On that basis, Crime No.177/2010 was registered against the accused. The Investigating Off icer conducted the investigation and f i led charge sheet against the accused for the offence punishable under Sections 498-A and 306 of IPC.

(3.) After committal, charge for the offence punishable under Sections 498-A and 306 of Penal Code was framed. Learned Sessions Judge held trial of the case and found that the prosecution has fai led to prove the gui lt of the accused beyond any reasonable doubt. Consequently, it resulted in acquittal of the accused. The said judgment has been chal lenged by the State on many grounds.