STATE Vs. PRASAD ALIAS PATCHI

JUDGEMENT

(1.) This appeal by the State assailing the order of acquittal passed by the III Additional Sessions Judge, Bangalore in S.C. No. 29/2001 wherein a charge-sheet was filed by the Assistant Commissioner of Police for the offence punishable under Section 498-A, 306 read with Section 34 of IPC before the VIII Additional CMM, Bangalore who in turn committed the case to Sessions. The learned Sessions Judge framed the charges against accused Nos. 1 and 2. During trial the prosecution examined in all 14 witnesses and got marked about 13 documents and also got marked 2 M.Os. Since the accused pleaded not guilty, after recording 313 statement and after hearing the parties, the learned Sessions Judge acquitted the accused holding not guilty of the offence alleged. Hence, this appeal by the State.

(2.) Heard the learned Government Pleader for the appellant-State and the learned Counsel for the respondents.

(3.) According to the learned Government Pleader F.Ws. 1, 3, 4 and 5 are the witnesses who spoke about the alleged harassment meted out to the deceased by the accused and only on the score that they are interested witnesses, their evidence has been discarded. It is the submission of the learned Government Pleader that the deceased died by committing suicide within four years of her marriage as the accused were taunting her and objecting her from wearing Salwar Kameez and Chudidars and going to college in a motor vehicle and also threatened her. She being frustrated committed suicide. Accordingly submitted that on the basis of the evidence on record, the accused should have been held guilty of the offence and sought for setting aside the order of acquittal and convict the accused.