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2023 Supreme(Kar) 1228

H. B. PRABHAKARA SASTRY, ANIL B. KATTI
State of Karnataka – Appellant
Versus
Chinnappa – Respondent


Advocates appeared:
Basavaraju, Advocate, T.A., Advocate, B.N.Jagadeesha, Advocate

JUDGMENT

DR.H.B.PRABHAKARA SASTRY, J. -

The present appellant as the State/complainant had initiated a criminal proceedings against the respondent arraigning him as accused for the offences punishable under Ss. 498A and 302 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC') in the Court of learned XLV Additional City Civil and Sessions Judge, Bengaluru City (hereinafter for brevity referred to as 'the Sessions Judge's Court') in S.C. No.149/2015. After the trial, the accused was acquitted of all the alleged offences. Seeking setting aside of the impugned judgment dtd. 7/9/2016, the State has preferred the present appeal under Ss. 378(1) & (3) of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as 'Cr.P.C.).

2. The summary of the case of the prosecution before the Sessions Judge Court was that, the accused, who is the present respondent herein, is the husband of deceased one Smt.Kavitha, (hereinafter referred to as 'the deceased') whose marriage was performed on 9/11/2011. After their marriage with each other, the accused was subjecting 'the deceased' to physical and mental cruelty. He was consuming alcohol everyday and used to qua

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