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2011 Supreme(Kar) 862

B.V.PINTO
Eswarachari @ Eshanna – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Mr. N. Veerabhadraiah, For the Appellant.
Mr. Vijayakumar Majage, HCGP, For the Respondent.

JUDGMENT

B.V. PINTO, J.—This appeal is filed by the accused challenging the judgment dated 10.6.2004 passed by the Fast Track Court-1, Tumkur in S.C. No. 13/1999 in which the appellant has been convicted for the offences punishable under Sections 498A and 306 IPC and sentenced to undergo R.I. for a period of 3 years and to pay a fine of Rs. 500 for the offence punishable under Section 498A IPC and further sentenced him to undergo R.I. for 3 years and to pay a fine of Rs. 1,000/- for the offence punishable under Section 306 IPC with default, clauses.

2. The case of the prosecution is that the appellant being the husband of the deceased Yashodarnma was harassing and ill-treating the deceased and committing physical and mental cruelty under the influence of alcohol and being unable to tolerate the said ill-treatment and harassment, Smt. Yashodarnma committed suicide on 17.7.1998 at 4 p.m., in her bathroom and that the accused has abetted the said commission of suicide by his wife thereby, he is alleged to have committed offences under Sections 498A and 306 IPC.

3. In order to prove the case, prosecution has examined in all 17 witnesses P.Ws. 1 to 17 and got marked Exs. P1 to P11 and prod














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