LAWS(KAR)-2011-10-48

STATE OF KARNATAKA Vs. JANARDHANA S/O. LATE KRISHNAPPA

Decided On October 12, 2011
The State of Karnataka By Kamakshipalya Police Station Bangalore Appellant
V/S
Janardhana S/o. late Krishnappa Aged about 29 Years 24, 1st Cross, 1 Main Kottigepalya Magadi Main Road Bangalore, Respondents

JUDGEMENT

(1.) The State has filed this appeal against the judgment of acquittal of respondents 1 & 2 (hereinafter referred to as 'accused 2 & 3') for offences punishable under sections 498A & 304B IPC and also for offences punishable under sections 3 & 4 of the Dowry Prohibition Act.

(2.) We have heard Sri. P.M. Nawaz, learned Additional State Public Prosecutor for State and Sri. Shankarappa, learned counsel for accused 2 & 3. We have been taken through the evidence and the impugned judgment.

(3.) Accused 2 & 3 and accused No. I were tried for offences punishable under sections 498A & 304B IPC and also' for offences punishable under sections 3 & 4 of the Dowry Prohibition Act. The learned trial Judge convicted accused No. 1 for offences punishable under sections 498A & 304B IPC and also for offences punishable under sections 3 & 4 of the Dowry Prohibition Act. The learned trial Judge acquitted accused 2 & 3. Accused No. 1 had tiled Criminal Appeal No. 1828/2005. This Court by judgment dated 09.09.2008 acquitted accused No. 1 for offences punishable under sections 498A & 304B IPC and also for offences punishable under sections 3 & 4 of the Dowry Prohibition Act. The State having not challenged the judgment made in Criminal Appeal No. 1828/2005 dated 09.09.2008, the same has attained finality. Therefore, in this appeal, we are concerned with the legality or otherwise of the acquittal of accused 2 & 3 for offences punishable under sections 498A & 304B IPC and also for offences punishable under sections 3 & 4 of the. Dowry Prohibition Act.