The acquittal of the accused was upheld due to lack of cogent evidence for Sections 498-A and 306 IPC, reaffirming the principle of presumption of innocence and standards governing appellate review of acquittals.

JUDGMENT :

G.BASAVARAJA, J.

1.The State has preferred this appeal against the judgment of Acquittal dated 31^st December, 2014 passed in SC.No.82 of 2013 by the Fast Track Court-III, Bengaluru Rural District, Bengaluru (for short "the trial Court").

2. For the sake of convenience, the parties herein are referred to as per their rank before the trial Court.

3. Brief facts leading to this appeal are that, Sub-Inspector of Police, Soladevanahalli, has submitted charge-sheet against the accused for the offence under sections 498-A and 306 of Indian Penal Code. It is alleged by the prosecution that, the deceased Smt. Umadevi @ Uma was married to accused- respondent herein on 28^th October, 2007. After their marriage, the accused and deceased were living together at Soladevanahalli in the building of CW11 and for a period of 3 years they were living amicably. In their wedlock they had begotten a boy baby. Thereafter, the accused was addicted to bad vices and started harassing the deceased and was also abusing her in filthy language, thereby subjected her to mental and physical harassment. Accused had also stopped going to work. On 02^nd April, 2012 at about 10.15 p.m. the accused picked-up quarrel with the deceased. The deceased being disgusted with the said harassment and torture meted out by the accused, on the same night, at 10.30 pm, committed suicide by hanging herself to the ceiling fan in the Hall with her mantle. Hence, complaint came to be registered. Based on the complaint, Soladevanahalli Police registered a Case in Crime No.55 of 2012 for the offences punishable under sections 498-A and 306 of Indian Penal Code and took up investigation. After completion of investigation, the Investigating Officer filed charge sheet for the offences punishable under sections 498-A and 306 of Indian Penal Code.

4. After filing the charge-sheet, case was registered in CC No.4614/2012. Thereafter, case was committed to the Court of Sessions and it was registered in SC No.82 of 2013. Upon hearing on charges, the trial Court has framed the charges against the accused for the commission of alleged offences punishable under sections 498A and 306 of Indian Penal Code. Same were read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried.

5. To prove the guilt of the accused, prosecution has examined fourteen witnesses as PWs.1 to 14, ten documents were marked as Exs.P1 to 10; and five material objects were marked as MOs.1 to 5. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure was recorded. Accused has denied the evidence of prosecution witnesses, but however, did not choose to lead any defence evidence on his behalf.

6. Having heard the arguments on both sides, the trial Court acquitted the accused. Being aggrieved by the judgment of acquittal, the State has preferred this appeal.

7. Sri B.Lakshman, Learned High Court Government Pleader appearing for the appellant-State, would submit that the judgment of acquittal passed by the Court below with regard to the respondent is contrary to law and facts of the case. The accused has not given any proper explanation while recording the statement under Section 313 of Code of Criminal Procedure, which clearly indicates that accused is involved in commission of offence. The trial Court has not properly appreciated the evidence of PW1-Complainant, mother of the deceased and PW2 to PW5. The trial Court has given much weight to the minor omissions and contradictions in the case of the prosecution. Though there were sufficient materials to convict the accused, the trial Court has acquitted the accus