STATE OF KARNATAKA BY MAGADI ROAD POLICE Vs. BASAVALINGAIAH AND OTHERS

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the judgment dated 18.9.03 passed by the 3rd Addl. Chief Metropolitan Magistrate, Bangalore in C.C.No. 7302/96 acquitting the respondents of the offence under Secs. 498A and 506 r/w Sec. 34 IPC.

(2.) IT is the case of the prosecution that the complainant by name Swarnagowramma was married to CW -1 on 2.6.85 and after the marriage while she was residing along with A -1 to A -5 it is alleged that the accused had illtreated her by giving mental and physical cruelty. Thereafter, A -1 started to keep illicit connection with other ladies, thereby the accused are alleged to have committed an offence under Sec. 498A r/w 34 IPC.

(3.) THE prosecution in order to prove the case has examined in all five witnesses Pws.1 to 5 and has got marked Ex.P -1 and 2. The defence of the accused was one of total denial. After hearing the prosecution and the defence, the learned Magistrate was pleased to acquit the accused. The State has filed this appeal.