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2023 Supreme(Kar) 457

S. RACHAIAH
State Of Karnataka – Appellant
Versus
Malleshnaika, S/o. Heminaika – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. RAHUL RAI K., HCGP
For the Respondent: SRI. JAVEED S., AMICUS CURIAE

ORDER :

1. This Criminal Revision Petition is filed by the State, being aggrieved by the judgment of acquittal dated 09.01.2017 in C.C.No.239/2014 on the file of the Court of II Addl. Civil Judge and JMFC, Kadur and its confirmation judgment and order dated 05.03.2019 in Crl.A.No.69/2017 on the file of the Court of II Addl. District and Sessions Judge, Chikkamagalur, seeking to set aside the concurrent findings recorded by the Courts below, wherein the respondent/accused was acquitted for the offences punishable under Sections 504, 324, 498A and 506 of the Indian Penal code (for short ‘IPC’).

2. The respondent herein is the accused before the Trial Court and respondent before the Appellate Court.

Brief facts of the case are as under:

3. It is the case of the prosecution that, PW1 married the respondent Mallesh Naika on 15.12.2007. The couple had a female child aged about 4 years. It is stated in the complaint that, the respondent herein used to consume alcohol everyday and assaulting PW1 without any reason. Even though, the said fact was brought to the notice of the parents of PW1, they were advising PW1 to adjust and live with the respondent. It is stated in the complaint that, on 09.

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