STATE OF KARNATAKA Vs. KONAPPA BHIMAPPA BELLIGUNDI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment passed by the jmfc, Badami in CC. No. 72/2001 acquitting accused 1 to 3-respondents herein of having committed the offence punishable under sections 498-A r/w. 34, 323 r/w. 34, 504 and 506 r/w. 34, IPC.

(2.) I have heard the learned SPP, and the learned counsel appearing for the respondent-accused.

(3.) THE essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows : p. W. 2 - Renuka the complainant and her sister-Shantha are the daughters of P. W. 5 -Durgappa, P. W. 2 was married to accused No. 1 and P. W. 3 was married to accused No. 2 on the same day and accused No. 3 is the brother of accused Nos. 1 and 2. It is further case of the prosecution that the accused Nos. 1 to 3 the brothers in furtherance of their common intention cruelty treated the complainant-P. W. 2 and her sister P. W. 3 Shantha and on 29-10-2000 accused 1 to 3 came to the house of P. W. 5 wherein PWs. 2 and 3 were staying and assaulted P. W. 5 and abused him saying as to why he was not sending P. Ws. 2 and 3 to their house and it is the further case of the prosecution that because of the ill treatment and cruelty for which P. Ws. 2 and 3 were subjected to by the accused 1 to 3 they have to leave the house of their husband and they are staying in the house their father P. W. 5 and therefore the accused have committed the offence alleged against them. The complaint filed by p. W. 2 was registered in Crime No. 58/2000 by P. W. 8 and after completing investigation he filed charge-sheet against the accused 1 to 3. Accused 1 to 3 stood charges for the offences punishable under sections 498-A, 323, 504 and 506 r/w. 34, IPC. Accused pleaded not guilty and claimed to be tried.