Judgment

B. P. Singh, J.

( 1 ) THIS appeal by special leave has been preferred by the State of karnataka against the Judgment and Order of the High Court of Karnataka at Bangalore dated December 18, 1998 in Criminal Appeal no. 640 of 1996 whereby the appeal preferred by the respondent herein was allowed and he was acquitted of all the charges levelled against him. The respondent was tried by the Principal Sessions Judge, Belgaum in Sessions Case no. 62 of 1994 charged of offences under sections 302, 201 and 498a IPC, and alternatively under Section 304b IPC. The learned sessions Judge by his Judgment and Order dated 27. 6. 1996 found the respondent guilty of the offence under Section 302 IPC and sentenced him to undergo imprisonment for life. He also found him guilty of the offence under section 201 IPC for which he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default to undergo six months simple imprisonment. Under Section 498a IPC, the respondent was sentenced to undergo two years rigorous imprisonment. As noticed earlier, the High Court set aside the aforesaid Judgment and Order of the Sessions Judge.

( 2 ) AN occurrence is