OF

CONVICTION

DATED

22.08.2016

PASSED

BY

THE

PRINCIPAL

SESSIONS

JUDGE, VIJAYAPUR IN SESSIONS CASE NO.117/2015 AND

ACQUIT THE APPELLANT.

THIS APPEAL COMING ON FOR HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

2

JUDGEMENT

This appeal is filed challenging the judgment of

conviction passed by the

learned Prl. Sessions

Judge,

Vijayapura,

wherein

accused

No.1

is

sentenced to under go rigorous imprisonment of five

years and to pay fine of Rs.25,000/- for the offences

punishable under Section 306 of Indian Penal Code

and in default of payment of fine to undergo simple

imprisonment for four months and further accused

No.1 is sentenced to undergo rigorous imprisonment

for three years and to pay fine of Rs.15,000/- for the

offences punishable under Section 498A of Indian

Penal Code in default of payment of fine, to undergo

simple imprisonment for three months; and acquitted

accused Nos.2 to 4 for the offences punishable under

Sections 498A and 306 read with Section 34 of

Indian Penal Code.

2.

The appellant is the accused No.1. A

complaint came to be lodged by one Channamma,

who is mother of this deceased-Jyoti. It is contended

3

that

the

marriage

between

appellant

and

said

deceased-Jyoti

took

place

in

the

year

2005.

Thereafter they lived for few years. The deceased

was working as a Teacher at Government School. It

is alleged that appellant and other accused subjected

Jyoti to physical and mental cruelty and they used to

tell that she was not looking good and she should go

and die. It is further contended that if Jyoti dies,

her husband will get a job on compassionate ground.

It is further alleged that on 08.11.2013 the said

Jyoti committed suicide by consuming pesticide in

her matrimonial house. It is also alleged that

because of physical and mental torture by the

appellant and other accused, she committed suicide.

Therefore, the police registered the case and after

investigation filed Charge Sheet against the four

accused for the aforesaid offences.

3.

There

afterwards

the learned Sessions

Judge framed charge. The prosecution examined ten

witnesses as PW.1 to PW.10 and got marked ten

documents as Ex.P.1 to Ex.P10 and got identified

4

two material objects as MO.1 and MO.2. There

afterwards the statement of accused as required

under Section 313 (1) (b) of Cr.P.C. were recorded,

accused pleaded not guilty and accused have not

chosen to lead any defence evidence.

4.

After hearing the arguments, the learned

Sessions Judge acquitted accused Nos.2 to 4 of all

the charges but convicted accused No.1 who is

appellant herein for the offences stated above.

5.

Aggrieved by the same, this appeal is

preferred.

6.

Heard Sri.R.S.Lagali, learned counsel for

the appellant and Sri.Gururaj V. Hasilkar, learned

High Court Government Pleader for the respondent-

State.

7.

Learned counsel for the appellant argued

that the judgment and order of conviction passed by

the learned Sessions Judge is not based on settled

principles regarding appreciation of evidence. There

5

is an error in arriving finding against the guilt of the

accused. There is material contradictions in the

evidence

of

witnesses

when

compared

with

complaint-Ex.P1. The Trial Court has not considered

the

material

contradictions

and

important

discrepancies in the prosecutions witnesses. There

is no legally admissible evidence with regard to ill-

treatment. The evidence of PWs.1, 4 and 5 are

contradictory with each other and there is material

discrepancies in their evidence. PW.5 not stated

anything about the ill-treatment and has given

different story.

8.

Learned counsel further argued that in fact

other accused are residing separately from accused

No.1

and

his

wife,

therefore,

question

of

ill-

treatment does not arise and the Trial Court has

rightly

acquitted

them

and

on

some

evidence

wrongly convicted the appellant. Learned counsel

further argued that it is admitted by the relatives of

the deceased that she was suffering from hepatitis-B

6

and without tolerating the same, she has committe