STATE OF KARNATAKA Vs. MURUGENDRA

JUDGEMENT

(1.) At the admission stage itself, the matter has been heard on merits to ascertain whether it is a fit case to admit.

(2.) Learned High Court Government Pleader contended before the Court that the Trial Court in C.C.No.583/2011 on the file of Additional Senior Civil Judge & JMFC, at Chikmagalur, on analysis of the entire evidence on record rightly convicted the respondent herein for the offence punishable under Section 498-A of Indian Penal Code ('IPC' for short). The First Appellate Court in fact misdirected itself in re-appreciating the evidence on record and acquitting the accused for the said offence. It is contended by the learned High Court Government Pleader that the First Appellate Court while re-considering the evidence on record mainly concentrated with regard to filing of the complaint after receipt of a divorce notice by the husband to the complainant (wife) and also the First Appellate Court has not properly appreciated the oral evidence in proper perspective. Therefore, it is a fit case to admit the appeal.

(3.) Respondent's Counsel remains absent. No representation.