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2004 Supreme(Kar) 123

STATE OF KARNATAKA – Appellant
Versus
ANNI POOJARY – Respondent


( 1 ) THE accused in the thrust of obtaining consent for the second marriage from his wife subjected her to cruelty and harassment. As a result of harassment and pestering and also due to the willful conduct ended in the ghastly Incident where she administered poison to the three minor sons and committed suicide.

( 2 ) THIS is the State appeal assailing the judgment of acquittal of the accused for the offence under Section 306, IPC in SC. No. 41/1994 on the file of Sessions Judge, D. K. Mangalore, dated 8-9-1998.

( 3 ) THE gist of the prosecution case is as follows :- the marriage of the deceased Smt. Rathna poojarthi took place during 1979 with the accused Anni Poojary at Idu village. Out of their wedlock, the deceased gave birth to 3 sons viz. , Anand, aged about 12 years, Raju aged about 10 years and Sadananda, aged about 9 years. Later, they shifted to mantrady village and were residing at some distance from the house of PW-1 Veerappa poojary, PW-2, Smt. Kamala (the mother of the deceased) and PW-3, Vijaya (the sister of the deceased ). The avocation of the accused was to play instrumental music whenever he was invited in some functions. It is the case of the prosecution that t









































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